According to sec 304 of cr.p.

c 1973
legal aid to accused at state expense in certain cases will be provided by the court. If the accused is not represented
by a pleader because the accused does not have sufficient means to engage a pleader. The high court may make
rules for the selection of pleaders for the defence of such accused and rules for the facilities to be allowed to such
pleaders by the court
Order 33 of cpc deals with 'suits' by indigent persons. Order 44 of cpc deals with 'appeals' by indigent persons. The
provisions of O. 44 are subject in all matters to the provisions of O. 33 insofar as they are applicable.

Indigent person
According to section 1 of order XXXIII of civil procedure code
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.
(Rule 1a) After the inquiry made by the, in the first instance, chief ministerial officer of the court, unless the court
otherwise directs,

Such person can file a suit for a decree of any property alongwith an application for permission to sue
as an indigent person. (rule 2) Such application 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.
This application shall be presented to the court by the applicant or by an authorized agent in case if he is
exempted from appearing in the court and he or his authorized person shall answer all questions relating to the
application
Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is presented by one
of the plaintiffs.
Rejection of application Rule 5
The Court shall reject an application for permission to sue as an indigent person
(a) where the application is not in requisite format
(b) where the applicant is not an indigent person
(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]:
But no application shall be rejected if 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.
(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.
(f) where the allegations made by the applicant in the application show that the suit would be barred by any law
(g) where any other person has entered into an agreement with him to finance the litigation.
(Rule 6) If the Court has no reason to reject the application on any of the grounds stated in rule 5, it shall give
notice of at least 10 days to the opposite party and the Government pleader for collecting proofs of his indigency,

and for hearing any evidence which may be cited as evidence contrary to his indegency. After hearing to both
parties court decides whether the applicant is indigent person or not.
(Rule 8) If the application of the indegency is admitted
Then applicant shall be deemed to file 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 9. (Rule 9) if the court
withdraw the permission granted to plantiff to sue as an indegent person. It shall give a clear notice to
the applicant of seven days on the following grounds
(a) if he is guilty of improper conduct in the course of the suit;
(b) if it appears that he has such means and he ought not to continue to sue as an indigent person
(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.
Then after a successful admission of the application of indegency the court shall provide a pleader to that
person.
Who shall pay the court fee?
10. Costs where 1[indigent person] succeeds
Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have
been paid by the plaintiff if he had not been permitted to sue as 1[an indigent person]; such amount shall be
recoverable by the State Government from any defendant.
11. Procedure where1[indigent person] fails
Where the plaintiff fails in the suit or the permission granted to him to sue as an 1[indigent person] has been
withdrawn, or where the suit is withdrawn or dismissed,
(a) because the summons for the defendant to appear and answer has not been served upon him in
consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such
service 2[or to present copies of the plaint or concise statement], or
(b) because the plaintiff does not appear when the suit is called on for hearing,
the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees which
would have been paid by the plaintiff if he had not been permitted to sue as 2[an indigent person].
Recovery of court fee
12. State Government may apply for payment of court-fees.
The state govt deemed to be a party shall have the right at any time to apply to the Court to make an order for
the payment of court-fees
And that order to be forwarded to the Collector who may, without prejudice to any other mode of recovery,
recover the amount of court-fees specified therein from the person or property liable for the payment as if it were
an arrear of land revenue.

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:Dat

The name and

Name of the party

Duration of

Work

Signature of the

title of the

represented

hearing

done

Presiding Officer

Remarks

case

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.