Subject to the provisions of this Order, the Central or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as indigent persons.
The High Court may, with previous approval of the State Government, make rules for carrying out the supplementary provisions made by the Central or State Government for providing free legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and extent of such legal services, the conditions under which they may be made available, the matters in respect of which, and the agencies through which, such services may be rendered.]
High Court Amendments-Rules 17 and 18-[Andhra Pradesh].-In Order 33, after rule 16, the following rules shall be added, namely: "17. In every case, where a person is suing as a pauper, the Counsel appearing for him shall file, along with his vakalatnama, a certificate stating the fee, if any, he has actually received and/or has stipulated to receive from the pauper or on his behalf in the suit and if, upon such a certificate, the Court is satisfied that his means are such that he ought not to continue to sue as a pauper or that he is being financed by a third party, it shall be open to the Court to dispauper such a person. 18. Where the pauper is unable to engage a Counsel, the Court may assign an advocate or pleader to assist him. 19. It shall be the duty of the Advocate or Pleader who may be assigned by the Court to assist a pauper to see that notices are served, summonses issued or petition presented only on good and sufficient grounds and he shall also report to the Court every six months the progress of the suit. 20. After a person has been granted leave to sue as a pauper, no person shall take, except in pursuance of an agreement as certified to Court under rule 17, or agree to take or seek to obtain from him, any fee, profit or reward, for the conduct of his business in the Court: Provided that, notwithstanding anything herein contained, the Court shall have power to award costs against the adverse party or out of the property recovered in the suit and to direct the payment thereof to the Advocate or Pleader representing the pauper. 21. The word "suit" in these rules includes "appeal".-(9-4-1958). [Bombay].-(i) In Order XXXIII, for the existing rule 17 and its marginal note, substitute the following rule and marginal note: "17. Defence by an indigent person.-Any defendant, who desires to plead a set off or counter-claim, may be allowed to set up such claim as an indigent person, and the rules contained in this order shall so far as may be, apply to him as if he were, a plaintiff and his written statement were a plaint, and if he is required to issue a third party notice, the third party notice shall also be deemed to be a plaint for the purpose of this rule. (ii) After the existing rule 18 add the following rule with marginal note as rule 19 and the marginal note: "19. A pauper not to compromise suit without leave of Court.-No cause, suit or matter commenced or carried on by a pauper plaintiff or defendant shall be compromised on any account whatsoever without leave first had and obtained from the Judge in Chambers or the -ourt. "-(1-10-1983). [Gujarat].-Add the following Rules: "17. Any person may be allowed to defend as a pauper either before or after he has entered appearance and the rules in this order shall apply to him mutatis mutandis as if he as a plaintiff and his written statement was a plaint. 18. No cause, suit or matter commenced or carried on by a pauper plaintiff or lefendant shall be compromised on any account whatever without leave first had and )btained from the Court."-(17-8-1961).