ORDER XXI

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART II APPELLATE JURISDICTION ORDER XXI PAUPER APPEALS, PETITIONS ETC. 1 The provisions of Order XLIV in the First Schedule to the Code shall, with necessary modifications and adaptations, apply in the case of any person seeking to appeal to the Court as a pauper. 2 An application of permission to proceed as a pauper shall be made on petition setting out concisely in separate paragraphs the facts of the case and the relief prayed and shall be accompanied by a certificate of counsel that the petitioner has reasonable grounds of appeal. It shall be also accompanied by an affidavit from the petitioner disclosing all the property to which he is entitled and the value thereof, other than his necessary wearing apparel and his interest in the subject matter of the intended appeal, and stating that he is unable to provide sureties and pay court fees. The Registrar, on satisfying himself that the petition is in order, may himself enquire into the pauperism of the petitioner after notice to the other parties in the case and to the Advocate General or refer the matter to the Registrar of the High Court, and the High Court either itself or by a Court subordinate to the High Court investigate into the pauperism after notice to the parties interested and make a report thereon within thirty days after the receipt of the reference from this Court; Provided that no reference as aforesaid shall be necessary where the petitioner had been permitted to prosecute his appeal in forma paupris in the Court appealed from. 3, The Court may allow an appeal to be continued in forma paupris after it has begun in the ordinary form. 4. Where the petitioner obtains leave of the Court to appeal as a pauper, he shall not be required to pay fees or to lodge security for the costs of the respondent. 5. Where the appellant succeeds in the appeal, the Registrar shall calculate the amount of court‑fees which would have been paid by the appellant if he had not been permitted to appeal as a pauper and incorporate it in the decree or order of the Court. Such amount shall be recoverable by the Government from any party ordered by the Court to pay the same and shall be the first charge on the subject‑matter of the appeal. 6. Where the appellant fails in the appeal or is dispaupered, the Court may order the appellant to pay the court fees which would have been paid by him if he has not been permitted to appeal as a pauper. 7, The Government shall have the right at any time to apply to the Court to make an order for the payment of proper court fees under the last two preceding rules. 8 In every pauper appeal the Registrar shall, after the disposal thereof, send to the Government a memorandum of the court fees due and payable by the pauper. 9 No person shall take, agree to take or seek to obtain from a person proceeding as a pauper, any fee, profit or reward for the conduct of the pauper's business in the Court, but the Court may nevertheless award costs against the other party and in that case may direct payment thereof to the Advocate of the pauper and the Advocate on record acting for him.