No. 11 of CPC : No. 11: NOTICE OF APPEAL IN forma pauperis

CPC

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Explanation using Example

Example 1:

Scenario: Ramesh, a daily wage laborer, loses a civil case in the lower court and is ordered to pay a substantial amount in damages. He believes the judgment is unfair and wants to appeal to a higher court. However, Ramesh cannot afford the court fees due to his financial condition.

Application: Ramesh applies to the court to appeal as a pauper under Section No. 11 of The Code Of Civil Procedure 1908. He submits an application stating his inability to pay the court fees and requests permission to appeal without incurring these costs.

Notice: The court issues a notice stating: "WHEREAS the above-named Ramesh has applied to be allowed to appeal as a pauper from the decree in the above suit dated the 15th day of March 2023 and whereas the 10th day of April 2023, has been fixed for hearing the application, notice is hereby given to you that if you desire to show cause why the applicant should not be allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.

GIVEN under my hand and the seal of the Court, this 20th day of March 2023.

Judge"

Example 2:

Scenario: Sita, a widow with no source of income, loses a property dispute case in the district court. She wants to challenge the decision in the High Court but cannot afford the legal expenses.

Application: Sita files an application to appeal as a pauper, explaining her financial difficulties and requesting the court to waive the fees.

Notice: The court issues a notice stating: "WHEREAS the above-named Sita has applied to be allowed to appeal as a pauper from the decree in the above suit dated the 5th day of January 2023 and whereas the 25th day of January 2023, has been fixed for hearing the application, notice is hereby given to you that if you desire to show cause why the applicant should not be allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.

GIVEN under my hand and the seal of the Court, this 10th day of January 2023.

Judge"

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