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Suits By Paupers

CHAPTER 2. SUITS BY PAUPERS

Art. 467.- Suits may be instituted in forma puperis
(1)    Any suit may be instituted by a pauper on the conditions laid down in this Chapter.
(2)    Whosoever is not possessed of sufficient means to enable him to pay all or part of the prescribed court fee shall be deemed to be a pauper within the meaning of sub-art. (1) and may apply for leave to sue as a pauper.

Art. 468.- Contents of application
(1)    An application under Art. 467 (2) shall be in the form provided for by third Schedule to this Code and shall be supported by an affidavit in the form provided for by the said Schedule
(2)    The applicant or his agent shall file the application together with the statement of claim.

Art. 469.- Examination of applicant
(1)    On the filling of an application made in proper form, the court may, if it thinks fit, examine the applicant or his agent as to the merits of the claim and the property of the applicant.
(2)    Where the application is filed by an agent, the court may, if it thinks fit, summon the applicant to appear or issue a commission for his examination.
(3)    Where the application is not made in proper form, the court may require the applicant to amend it then and there or with such time as it shall think fit.

Art. 470.- Rejection of application
The application shall be rejected where is appears form the application or the examination held under Art. 469 or 471 that
(a)    the applicant is not a pauper;
(b)    there is no cause of action;
(c)    the applicant has, within two months next before the filing of the application disposed of any property fraudulently or in order to be able to apply for leave to sue as a pauper; or
(d)    the applicant has entered into any agreement with respect to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter.

Art 471- Evidence of pauperism
(1) Where the court sees no reason for rejecting the application under Art. 470, it shall fix a day for receiving such evidence as the applicant may adduce in proof of his pauperism, and for hearing any evidence which may be adduced in disproof thereof.
(2) The day fixed under sub-art. (1) shall be notified not less than ten days in advance to the opposite party.

Art. 472.- Procedure at hearing
(1)     On the day fixed under Art. 471, the court shall examine such witness as may     be produced by either party, and may examine the applicant or his agent, and shall record the substance of their evidence.
(2)     The court shall also hear any argument which the parties may wish to officer on the question whether, on the face of the application and of the evidence, if any, taken by the court, the application should be reflected under Art. 470 (a), (c) or (d)
(3) The court shall then allow or refuse to allow the applicant to sue as a pauper.

Art. 473.- Procedure when application granted
Where the application is granted, the applicant shall be given a certificate to this     effect and upon the application being numbered and registered, the suit shall     proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay the whole or part of the cart fee or other fees     or charges in proceedings connected with the suit, as the court may direct.

Art. 474.- Validity of certificate
(1) A certificate issued under Art. 473 shall be valid until the proceedings in relation to which it was issued are completed or until it is discharged,
(2) A certificate shall only be valid in the proceedings in relation to which it was issued:
Provided that, where an appeal is made against any order or judgment given in the proceedings in relation to which a certificate was issued, such certificate shall be discharged where the poor person appeals but shall remain valid where the other party appeals.
(3) Nothing in sub-art. (2) shall prevent a pauper from applying to the Appellate Court for leave to appeal as a pauper.

Art. 475.- Dispaupering
(1) The court may, on own motion, or on the application of the defendant, of which notice has been given to the plaintiff, order the plaintiff t be dispaupered  and the certificate issue under Art. 473 to be discharged where:
(a) in the course of the proceedings he fails without good cause to appear or is guilty, of vexatious or improper conduct;
(b) it appears that his means are such that he should not have been permitted or ought not to continue to sue as a pauper; or
(c) he has entered into any agreement with respect to the subject- matter of the suit under which any other person has obtained an interest in such subject-matter.
(2) Where the plaintiff is dispaupered for the reasons mentioned in sub-art (1) (b) or (c), the court shall order him, or any person added as co-plaintiff to the suit, to pay such fees as would have been payable if the plaintiff had not been permitted to sue as a pauper.

Art. 476.- Costs where pauper succeeds
Where the plaintiff succeeds in the suits, the court fee and other fees which would     have been payable if the plaintiff had not been permitted to sue as a pauper shall be recoverable by the execution officer from the unsuccessful party, and shall be first charge on the subject matter of the suit.

Art. 477.- Bar of subsequent applications
An order refusing to allow the applicant leave to sue as a pauper or dispaupering him shall be a bar to any subsequent application of the like nature by him with respect to the right to institute the same suit, but the applicant shall be at liberty to institute a suit in the ordinary manner with respect to such right, provided that he first pays the costs, if any, incurred by the opposite party in opposing his application for leave to sue as a pauper.

Art.  478.- Pauper becoming possessed of means
A pauper becoming possessed of means in the course of the proceedings in relation to which a certificate has been issued under Art. 473 or within ten years of having been issued therewith shall forth with inform the court which issued the same and shall, where the fails so to inform the court be deemed to be guilty of an offence contrary to Art. 656  of the Penal Code.

Art. 479.- Costs
The costs of an application for leave to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.