Order 33 CPC Description
Order XXXIII. 1[SUITS BY INDIGENT PERSONS]
1. Subs, by Act No. 104 of 1976 for "Suits by Paupers" (w.e.f. 1-2-1977).
1. Suits may be instituted by in by indigent person.
Subject to the following provisions, any suit may be instituted by 1[an indigent person]
2[Explanation I?A person is an indigent person,?
(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Explanation II?Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.
Explanation II?Where the plaintiff sued in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity.]
1. Subs, by Act No. 104 of 1976 for "pauper" (w.e.f. 1-2-1977).
2. Subs, by Act No. 104 of 1976 for the former Explanation (w.e.f. 1-2-1977).
HIGH COURT AMENDMENTS
Bombay.-In Order XXXIII, in rule 1, for Explanation I, substitute the following Explanation, namely:-
"Explanation 1.-A person shall be deemed to be an indigent person if he is not possessed to means exceeding rupees one thousand in value or where he is possessed of means exceeding one thousand rupees in value, the same are not sufficient to enable him to pay fees prescribed by law for the plaint. For the purposes of this Explanation the means which a person is possessed of shall be deemed not to include property exempt from attachment in execution of a decree and the subject-matter of the suit." (w.e.f. 1-10-1983)
Kerala.-In Order XXXIII, in rule 1,-
(i) for Explanations, substitute the following Explanations, namely:-
Explanation 1.-A person is a pauper when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit,
Explanation 11,-Where the plaintiff sues in a representative capacity the question of pauperism shall be determined with reference to the means possessed by him in such capacity," (w.e.f. 9-6-1959)
[Ed.-This amendment relates to rule 1 prior to its amendment made by the Central Act 104 of 1976, sec. 81 (w.e.f. 1-2-1977).]
1[1A. Inquiry into the means of an indigent person
Every inquiry into the question whether or not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its own finding or may itself make an inquiry into the question.]
1. Ins. by Act No. 104 of 1976, sec. 81 (w.e.f. 1-2-1977).
2. Contents of application
Every application for permission to sue as 1[an indigent person] shall contain the particulars required in regard to plaints in suits: a Schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings.
1. Subs, by Act No. 104 of 1976, sec. 81, for "pauper" (w.e.f. 1-2-1977).
3. Presentation of application
Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorized agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person:
1[Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is presented by one of the plaintiffs.]
1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
HIGH COURT AMENDMENTS
Allahabad.-In Order XXXIII, in rule 3, after the words "unless he is exempted from appearing in Court", insert the words "or detained in prison".
[Vide Notification No. 2457/35 (a)-1, dated 8th May, 1937.]
Andhra Pradesh.-Same as in Madras.
Karnataka.-Same as in Madras, (w.e.f. 30-3-1967)
Kerala.-In Order XXXIII, in rule 3, insert the following Explanation namely:-
"Explanation,-Where there are more applications than one presentation by one shall be deemed to be sufficient compliance with the provisions of the rule." (w.e.f. 9-6-1959)
Madras.-In Order XXXIII, in rule 3, at the end, insert the following words, namely:-
?The High Court may by general or special Order exempt any person or class of persons from the obligation to present in person an application for permission to sue as a pauper.�
4. Examination of applicant
(1) Where the application is in proper form and duly presented, the Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by agent, regarding the merits of the claim and the property of the applicant.
(2) If presented agent, Court may Order applicant to be examined by commission?Where the application is presented by an agent, the Court may, if it thinks fit, Order that the applicant be examined by a commission in the manner in which the examination of an absent witness may be taken.
5. Rejection of application
The Court shall reject an application for permission to sue as 1[an indigent person]?
(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or
(b) where the applicant is not 1[an indigent person], or
(c) where he has, within two months next before the presentation of the application disposed of any property fraudulently or in Order to be able to apply for permission to sue as 1[an indigent person]:
2[Provided that no application shall be rejected if, even after the value of the property disposed of by the applicant is taken into account, the applicant would be entitled to sue as an indigent person,] or
(d) where his allegations do not show a cause of action, or
(e) where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter,2 [or]
2[(f) where the allegations made by the applicant in the application show that the suit would be barred by any law for the time being in force, or
(g) where any other person has entered into an agreement with him to finance the litigation.]
1. Subs. by Act No. 104 of 1976, sec. 81, for "pauper" (w.e.f. 1-2-1977).
1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
HIGH COURT AMENDMENTS
Allahabad.-In Order XXXIII, in rule 5,-
(a) in clause (a), between the figure "3" and the word ", or" insert the words "and the applicant on being required by the Court to make any amendment within a time to be fixed by the Court, fails to do so".
(b) at the end of the rule, insert the following Explanation, namely:-
"Explanation.-An application shall not be rejected under clause (d) merely on the ground that the proposed suit appears to be barred by any law." (w.e.f. 15-4-1933)
Andhra Pradesh.-In Order XXXIII, in rule 5, for clause (d), substitute the following clause, namely:-
"(d) where the allegations in the application show that suit is barred by law or do not show a cause of action, or".
Karnataka.-In Order XXXIII, in rule 5, in clause (a), between the figure "3" and the word ", or" add the words "and the applicant when required by the Court to rectify the defect within a time to be fixed by the Court fails to do so, or", (w.e.f. 30-3-1967}
Kerala.-In Order XXXIII, in rule 5, after clause {d}, insert the following clause, namely:-
"(d1) Where the suit appears to be barred by any law, or", (w.e.f. 9-6-1959)
Madras.-In Order XXXIII, in rule 5, for clause (d), substitute the following clauses, namely:-
"(d) where the allegations do not show a cause of action, or
(d1) where the suit appears to barred by any law, or" (w.e.f. 22-10-1940)
6. Notice of day for receiving evidence of applicant's indigency
Where the Court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten day's clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence as the application may adduce in proof of his indigency, and for hearing any evidence which may be adduced in disproof thereof.
HIGH COURT AMENDMENTS
Andhra Pradesh.-In Order XXXIII, for rule 6, substitute the following rule, namely:- "6. Where the Court sees no reason to reject the application on the grounds stated in clauses (a) and {d) of rule 5, it shall fix a day (of which at least ten days' clear notice shall be given to the opposite party and the Government Pleader) for receiving evidence from the parties including the Government Pleader with regard to the matters specified in clauses (b), (c) and (e) of rule (5)." (w.e.f. 4-3-1975)
Karnataka, Kerala and Madras:-In Order XXXIII, for rule 6, substitute the following rule, namely:-
"6. Notice of day for inquiring into the applicants right to sue as pauper.-Where the Court sees no reason to reject the application on any of the grounds stated in rule 5, it shall nevertheless fix a day of which at least ten days' clear notice shall be given to the opposite party and to the G.P. for receiving such evidence as the applicant may adduce to prove that the application is not subject to any of the prohibitions in rule 5 and for hearing any evidence which may be adduced to the contrary." (w.e.f. 9-6-1959).
7. Procedure at hearing
(1) On the day so fixed or as soon thereafter as may be convenient the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a full record of their evidence.
1[(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified in clause (b), clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may relate to any of the matters specified in rule 5.]
(2) The Court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the Court 2[under rule 6 or under this rule], the applicant is or is not subject to any of the prohibitions specified in rule 5.
(3) The Court shall then either allow or refuse to allow the applicant to sue as 3[an indigent person].
1. Subs. by Act No. 104 of 1976 for "pauper" (w.e.f. 1-2-1977).
2. Subs. by Act No. 104 of 1976 for certain words (w.e.f. 1-2-1977).
3. Subs. by Act No. 104 of 1976 for "pauper" (w.e.f. 1-2-1977).
HIGH COURT AMENDMENTS
Andhra Pradesh.-Same as in Madras.
Karnataka,-Same as in Madras, (w.e.f. 30-3-1967)
Kerala.-In Order XXXIII, in rule 7, in sub-rule (3), at the end, substitute a comma for the full stop and insert the words "or direct that the application be filed as a plaint on the applicant paying the requisite Court-fee within thirty days or such reasonable time as the Court may fix." (w.e.f. 9-6-1959)
Madras.-In Order XXXIII, in rule 7, after sub-rule (3), insert the following as sub-rule, namely:-
"(4) Where the application is for leave to sue in a representative capacity under Explanation (iii) to rule 1, or under sections 91, 92 or under Order 1, rule 8 the Court may, if it thinks fit for reasons to be recorded in writing, direct that the plaintiff shall give security for the payment of Court-fee."
8. Procedure if application admitted
Where the application is granted, it shall be numbered and registered, and shall be deemed the plaint in the suit, and the suit proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee 1[or fees payable for service of process] in respect of any petition, appointment of a pleader or other proceeding connected with the suit.
1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
9. Withdrawal of permission to sue as an indigent person
The Court may, on the application of the defendant, or of the Government pleader, of which seven days' clear notice in writing has been given to the plaintiff, Order that the permission granted to the plaintiff to sue as an indigent person be withdrawn?
(a) if he is guilty of vexatious or improper conduct in the course of the suit;
(b) if it appears that his means are such that he ought not to continue to sue as 1[an indigent person]; or
(c) if he has entered into any agreement with reference to the subject-matter of the suit under which any other person has obtained an interest in such subject-matter.
1. Subs. by Act No. 104 of 1976 for "pauper" (w.e.f. 1-2-1977).
HIGH COURT AMENDMENT
Orissa.-In Order XXVIII, in rule 9,-
(i) in clause (c), at the end, insert the word "or";
(ii) after clause (c), inert the following clause, namely:-
"(d) if he has entered into an arrangement with any other person to finance the litigation."
1[9A. Court to assign a pleader to an unrepresented indigent person
(1) Where a person, who is permitted to sue as an indigent person, is not represented by a pleader, the Court may, if the circumstances of the case so require, assign a pleader to him.
(2) The High Court may, with the previous approval of the State Government, make rules providing for?
(a) the mode of selecting pleaders to be assigned under sub-rule (1);
(b) the facilities to be provided to such pleaders by the Court;
(c) any other matter which is required to be or may be provided by the rules for giving effect to the provisions of sub-rule (1).]
1. Ins. by Act No. 104 of 1976, sec. 81 (w.e.f. 1-2-1977).
HIGH COURT AMENDMENTS
Bombay.-In exercise of the powers conferred by sub-rule (2) of rule 9A of Order XXXIII, of the Code of Civil Procedure, 1908, the High Court of Judicature at Bombay with the previous approval of the Government of Maharashtra, makes the following rules for assignment of a pleader to an unrepresented indigent:-
1. Short title and commencement.-These rules may be called Assignment of a Pleader to an Unrepresented Indigent Person (Maharashtra) Rules, 1980.
2. Definitions.-In these rules, unless the context otherwise requires;
(a) 'High Court' means the High Court of Judicature at Bombay;
(b) 'Pleader assigned' means a Pleader assigned under these rules to represent an indigent person;
(c) 'Panel' means list of Pleaders prepared and maintained under these rules;
(d) 'Constituting Authority' means the authority empowered under these rules to constituting the panel.
3. The authority referred to in column No. 1 below shall continue panel of pleaders willing to appear for an unrepresented indigent person in civil proceedings in Courts referred to in column No. 2 against them:
Name of Constituting Authority
Name of the Court for which panel to be constituted
1
Prothonotary and Senior Master High Court, Original Side, Bombay.
High Court, Original Side, Bombay.
2
Registrar, High Court, Appellate Side, Bombay.
High Court, Appellate Side, Bombay.
3
Special Officer, Nagpur.
High Court Bench at Nagpur.
4
District Judge.
Courts at District Headquarters.
5
Principal Judge, Bombay City Civil Court.
Bombay City, Civil Court.
6
Chief Judge, Small Causes Court senior most Judge at the Station.
Small Causes Court, Bombay for Courts outside District Headquarters.
Provided that the panel constituted by the senior most Judge outside the District Headquarters shall be subject to the previous approval of the District Judge.
4. The Constituting Authority shall prepare the panel in consultation with the President of the Bar Association, and if there be no Bar Association, in consultation with the pleaders practising in the Court for which panel is constituted.
5. Eligibility.-A pleader with a standing of not less than three years at the Bar shall be eligible for being taken on the panel.
6. Removal.-The Constituting Authority may strike off the name of a pleader from the panel when the pleader ceases to practice due to any reason or when he intimates his unwillingness in writing under rule 15 or when the Constituting Authority finds that the pleader after accepting a engagement neglects or refuses to discharge his duties. Before striking off a name for neglect or refusing to discharge duties properly, the Constituting Authority shall give an opportunity to the pleader to be heard.
7. Revision of Panel.-The Constituting Authority may add to the panel names of pleaders after following the procedure referred to in rule 4 as and when it deems necessary to do so.
8. When a pleader is to be assigned to an unrepresented indigent person such assignment shall be made from out of the panel by the Court concerned.
9. The pleader assigned shall not refuse assistance to the indigent person unless the Court is satisfied that he has good reasons for so refusing.
10. The Court may for sufficient reasons permit the pleader assigned, to withdraw from the proceeding and assign another to represent the indigent person. On such permission for withdrawal being granted, the pleader original assigned, shall hand over the papers relating to the proceeding to the pleader assigned subsequently.
11. The Court or Constituting Authority at any time if deemed proper may call for a report from the pleader assigned, regarding the progress of the suit or proceedings entrusted to him.
12. The pleader assigned shall take care that no notice is served, summons issued or petition presented without good cause in prosecution of the indigent person's cause.
13. Whilst a person sues or defends as an indigent person, the pleader assigned shall not take or agree to take or seek to obtain from him or any other person any fee, pro/it or reward for the conduct of his useness in the Court:
Provided that notwithstanding anything herein contained, the Court of a Judge shall have power to award costs against the adverse party or out of the property recovered in the suit and to direct payment thereof to the pleader assigned.
14. The pleader assigned the case under these rules shall be paid the fees in various Courts at the rates mentioned below:
(a)
In all legal proceedings in the High Court at Bombay and Nagpur and in City Civil Court in Bombay.
Rs. 50 per day subject to maximum of Rs. 150 in any one case.
(b)
In all proceedings in Courts at District Headquarters and in Small Causes Courts in BombayPuna and Nagpur.
Rs. 25 per day subject to a maximum of Rs. 100 in any one case.
(c)
In all proceedings in Courts in Taluka.
Rs. 15 per day subject to a maximum of Rs. 50 in any one case.
The expenditure on this account shall be met from budget grants sanctioned under budget head 214-Administration of Justice Legal Advisers and Counsel-M (i) and M (ii).
15. Intimation of unwillingness to continue on panel.-The pleader taken on the panel may if he so desire intimate in writing his unwillingness to continue to be on the panel and on receipt of such intimation, his name shall be deleted from the panel provided that Constituting Authority may request the pleader assigned to continue to represent the indigent person in the matters assigned. (By Order of the Hon'ble the Chief Justice and Judges)
[Vide Mah. Gazette Pt. IV-Ka, dated 18-9-1980.]
Calcutta.-In exercise of the powers conferred by article 227 (2) (b) of the Constitution of India and by sub-rule (2) of rule 9A of Order XXXIII of the Code of Civil Procedure the High Court of Calcutta, with the approval of the Government of West Bengal has framed the following rules which are published for general information:
Rules under Order XXXIII, rule 9A (2) of the Code of Civil Procedure:
1. (a) For the purpose of selection of pleaders to be assigned under sub-rule (1) of rule 9A of Order XXXIII of the Code the District Judge in consultation with the senior most judicial officers of the outlying stations shall prepare and maintain a panel of pleaders for (a) the district headquarters, and (b) the outlying stations.
The District Judge in his discretion may also consult the President of the Civil Bar Association.
(b) The panel to be proposed under sub-rule (1) shall be in two parts. The first part of the panel shall contain the names of suitable advocates who offer themselves to appear for the undefended indigent persons without charging any fee and part two thereof shall have the names of such advocates as are willing to appear for such persons at State expense.
(c) An advocate who has been in practice for not less than five years in the Civil Courts and whose name has been entered on the rolls of Bar Counsel of West Bengal shall be eligible for being brought on the panel of pleaders.
(d) The District Judge shall revise the panel every two years in consultation with the senior most judicial officers of the outlying stations.
(e) The District Judge shall circulate the panel to all the Civil Courts in the District.
(f) No assignment shall be made to any pleader whose name does not appear in the panel.
2. In any case where it is decided to assign a pleader under Order XXXIII of the Code, every Court trying a cause (hereinafter called "the Court") shall endeavour in the first instance to select a suitable advocate from that part of the panel which comprises the name of advocates willing to appear for undefended indigent persons without charging any fee. In case where it is not possible to assign a pleader, free of charges, the Court may assign a pleader at State expense.
3. The Court shall have power to terminate the assignment of a panel pleader for sufficient reasons to be recorded in writing and to make fresh assignment of another panel pleader in his place:
Provided that a pleader engaged by the Court shall retire from the trial if and when the indigent person engages lawyer at his own expense.
4.(1) A common register of the panel pleaders to be assigned for undefended indigent persons at State expense shall be maintained at each station showing: (a) name of the pleader; {b) date of assignment; (c) Court by which assigned; (d) No. of the case; (e) No. of days of work; (f) fees paid.
(2) A statement containing the particulars to be entered in the register shall be sent to the District Judge by each Court after conclusion of every trial in which a panel pleader is assigned at State expense.
(3) Every Court at a station shall, before selecting a panel pleader call for and consult the common register in Order to ensure an even distribution of assignments amongst such panel pleaders.
5. The ordinary fees payable to a panel pleader assigned at State expense shall not be less than Rs. 50 and not more than Rs. 300 for the entire case at the discretion of the Presiding Officer of the Court.
6. Any vacancy in the panel due to death, incapacity, resignation or any other cause may be filled up by the District Judge in the manner provided in rule 1.
7. All panel pleaders engaged at State expense shall maintain in duplicate a monthly Register of Work in the form prescribed in the Schedule in loose sheets, one sheet being used for each separate case in which the pleader appears and the
initial of the Presiding Officer shall be taken daily in the appropriate column. After the disposal of each case in which he appears he shall obtain the signature of the Presiding Officer to the certificate of correctness on the sheet showing the work done in his Court. The duplicate of such sheet shall be preserved in the office of the District Judge for two years from the date of sanction of the bill.
8. As early possible after the delivery of the judgment of the cases the panel pleader shall submit to the Presiding Officer a bill in the prescribed form for the work done supported by the sheet of the Register of Work containing the certificate of the Presiding Officer.
9. The bill shall be checked with the Register of Work by the Chief Ministerial Officer, who shall certify its correctness, endorse the relevant sheet as checked; with his initial and obtain the signature of the Presiding Officer. The bill and Register of Work shall then be submitted to the District Judge for passing and after satisfying ,r himself as to the correctness thereof, he shall pass the bill for payment.
10. The District Judge shall be Controlling Officer for payment and audit of all fees payable to panel pleaders engaged at State expense in the Civil Courts in his District.
Schedule
FORM I
(Rule 7)
Register of Work
Date
No. and nature of case
Actual daily duration of hearing
Full or half day
Serial No. of con�secutive days of hearing
Initial of Presiding Officer
(1)
(2)
(3)
(4)
(5)
(6)
Total number of days:
Certified correct
Signature of Presiding Officer
Date:
FORM II
(Rule 8)
Bill. of fee due to........... in.... .......No.......... ....of the Court of...............
Date
Register of Works No.
Full or half day
Amount of fee charged
Remarks
(1)
(2)
(3)
(4)
(5)
Total .............Rupees.............Paise.............only
Verified with the Register
of Work as correct
Signature of Chief Ministerial
Passed for Rupees............. (in words and figures)
Officer with date
Signature of Presiding Officer with date
District Judge
(Appellate Side : 15425, dated 22nd November, 1979)
Haryana.-The following rules have been framed for regulating the appointment of pleaders to represent indigent persons in civil suits:-
LEGAL AID TO INDIGENT PERSONS (PUNJAB, HARYANA AND
CHANDIGARH ADMINISTRATION) RULES, 1981
PART I
1. Short title and commencement-(1) The rules may be called the Legal Aid to the Indigent Persons {Punjab, Haryana and Chandigarh Administration) Rules, 1981
(2) These rules shall come into force from the date of their publication in the Official Gazette.
2. Definitions.-In these rules, unless the context otherwise requires,-
(a) 'High Court' means the High Court of Punjab and Haryana at Chandigarh;
(b) 'Pleader' includes any person whose name is entered on the rolls of the Bar Council of Punjab and Haryana maintained under the Advocates Act, 1961 and the rules framed thereunder;
(c) 'List' means the list of advocates prepared and maintained by District Judge separately for cash sub-division of the District under these rules, willing to appear for the undefined indigent persons in civil suits at State expense or free of charge.
(d) 'Code' means the Code of Civil Procedure, 1908, as amended from time to time.
PART II
3. Assignment of advocates for indigent persons.-(1) Where a person who is permitted by a Court to sue as an indigent person under sub-rule (3) of Rule 7 of Order XXXIII of the Code, is not presented by a pleader, the Presiding Officer of the Court shall, if the circumstances of the case so required, assign a pleader to him from the list.
(2) In any case where it is decided to assign a pleader under sub-rule (1), the Court shall endeavour in the first instance to select a suitable advocate from that part of the list which comprises the names of advocates, if any, willing to appear for undefended indigent persons without charging any fee.
PART III
4. Preparation of list.-(1) The District Judge shall prepare and maintain a list of 5 to 15 suitable advocates willing to appear for the undefended indigent persons at the state expense or without charging any fee separately for each sub-division of the district in relation to which he exercises jurisdiction, after consultation with the senior most Judicial Officer for the time being posted at the headquarters of each such sub-division and the president of the Bar Association of that place.
(2) The list to be prepared and maintained under sub-rule (1) shall be in two parts. The first part of the list shall contain the names of suitable advocates, who offer themselves to appear for the undefended indigent persons without charging any fee and part two thereof shall have the names of such advocates as are willing to appear for such persons at State expense and are selected for the purpose.
(3) An advocate with a standing of not less than five years at the Bar shall be eligible for being brought on the list under sub-rule (1). The District Judge shall so far as may be, persuade competent senior lawyers to enlist themselves for representing indigent persons without charging any fee.
(4) The District Judge shall revise the list in the month of December in each year.
(5) The District Judge, shall in the month of January in each year, communicate the names of the advocates on the list maintained for each sub-division of his District (s) to the High Court in the following form:- "j-
(1) Name of the advocate
(2) Date of birth
(3) Qualification: University degrees Distinctions earned in Law (if any)
(4) Date of enrolment at the Bar.
(5) Place of practice.
(6) Length of actual practice.
(7) General reputation and standing at the Bar.
(8) The Registrar shall cause the names on the list for each district to be entered separately in a Register.
(9) The District Judge or the High Court may strike off the name of any advocate from the list without assigning any reason.
PART IV
5. Facilities to advocates selected from the list.-
(1) Where an advocate is assigned to represent, indigent persons at State expense or otherwise, the Court shall allow a period of at least seven days to the advocate to prepare the brief and shall adjourn the hearing of the case for that purpose.
(2) The Court shall allow, free of cost, inspection of the records of the case by the advocate so assigned.
PART V
6. Scale of fees.-(1) The ordinary fee payable to an advocate assigned to represent an indigent person at State expense, shall not be less than Rs. 50 and not more than Rs. 300 for the entire case, at the discretion of the presiding officer of the Court.
(2) In special cases the District Judge may add any reasonable amount not exceeding Rs. 100 to the ordinary fee allowed by sub-rule (1) with the prior approval of the High Court.
(3) No fee shall be payable for the day on which the case is adjourned without any proceeding being taken by the Court, except at the first hearing of the case: Providing that if an advocate assigned to represent an indigent person is required to retire at any time after the engagement of an advocate by the indigent person at his own expense, he shall be entitled to get a fee of Rs. 50 as compensation.
7. Maintenance of Diary by Advocates engaged at State expense.-An advocate engaged to represent an indigent person in any Court subordinate to the High Court at State expense shall, at the conclusion of each day of hearing in the case, prepare and submit for counter signatures by the Presiding Officer of the Court a diary containing following details fully set out:-
Date
The name and title of the case
Name of the party represented
Duration of hearing
Work done
Signature of the Presiding Officer
Remarks
8. Payment of fees.-(1) The District Judge shall be the controlling Officer for the payment and audit of all fees due to advocates engaged to represent indigent persons in Courts subordinate to the High Court.
(2) The advocates listed shall submit their bills to the District Judge within one month of the disposal �f me case by the Court.
[Vide Notification No, 70/p3/CA./5/1908-R9A/Order/XXXIII, dated 7th May, 1981, published in Haryana Gazette, L.S. pp. 509-511, dated 19th May, 1981.]
Himachal Pradesh.-The following rules have been made for regulating the appointment of, Pleaders to represent indigent persons in civil suits, namely:-
LEGAL AID TO INDIGENT PERSONS (HIMACHAL PRADESH HIGH COURT) RULES, 1979.
PART I
1. Short title
Comments
Post a Comment