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The Code of Civil Procedure, 1908: page 200

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 200, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    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 authorised 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.]
   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 by 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 use
as 2[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 2[an indigent person], or                e
                                                                          od
        (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 use as 2[an indigent person]:
             1
                                                                   aC
          [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
                                                             di
         (d) where his allegations do not show a cause of action, or
                                                        In
         (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; 1[or]
         1
         [(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.]
    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 applicant may adduce in proof of his indigency, and for hearing any evidence which may
be adduced in disproof thereof.
    3
    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 may 4[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 5[under rule 6 or
under this rule], the applicant is or is not subject to any of the prohibitions specified in rule 5.



1. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977).
2. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).
3. The provisions of this rule so far as it relates to the making of a memorandum are not applicable to the Chief Court of Oudh,
  see Oudh Courts Act, 1925 (U.P. Act 4 of 1925), s. 16 (2).
4. Subs. by s. 81, ibid., for “a memorandum of the substance of their evidence” (w.e.f. 1 -2-1977).
5. Subs. by s. 81, ibid., for “as herein provided” (w.e.f. 1-2-1977).

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