12. in form pauperis. If any party to a regular suit be desirous of being admitted to appeal in form pauperis to the Sudder Court, the following procedure shall be adopted:
Petition when to be presented and Proviso. Clause 1st. The appellant shall present his petition to the lower Court according to the rules prescribed by Section I. of this Act, provided that a petition to appeal in forma pauperis against any decision passed before this Act shall come into operation may be presented within three months from the day of the decision.
Form of petition. Clause 2nd. Petitions of appeal by parties desirous to appeal in form pauperis shall contain a statement to that effect, and also a Schedule of the whole real and personal property belonging to the petitioner, and the estimated value of such property, and shall be written on paper bearing the stamp duty of two rupees per sheet.
Notice thereof and proclamation. Clause 3rd. Upon the presentation of such petition, the notice to the respondent and the proclamation shall state that the appellant desires to appeal in form pauperis.
Procedure on such appeal and When Sudder Court is to determine whether appeal shall be in form pauperis. Clause 4th. On arrival of the appeal record at the Sudder Court, the same procedure shall be adopted in that Court as in other cases of regular appeal, except that, after the filing of the grounds of objection by the appellant, and before notice shall be given requiring the respondent to file his grounds of objection, the Sudder Court shall determine, according to the rules now applicable to the determination of such cases, whether not the appellant shall be allowed to appeal in form pauperis.
Notice to respondent to file, objections to pauper appeals and Rules of Sudder as to pauper appeals to continue in force, except where inconsistent with this Act. Clause 5th. If the Sudder Court allow the petitioner to appeal form pauperis, notice shall be given to the respondent to file his grounds of objection in the manner provided by Section VI. of this Act, and the same procedure shall be adopted subsequently thereto as in other cases of regular appeal under this Act. The rules and conditions now applicable to persons admitted by the Sudder Court to appeal in form pauperis shall continue in force, except where the same are inconsistent with any of the provisions of this Act.
What order may be made upon refusal to allow appeal in form pauperis. Clause 6th. If the Sudder Court refuse to allow the petitioner to appeal in form pauperis, the said Court may, make an order to the effect that the appellant, upon filing a petition of appeal in that Court upon paper bearing the stamp duty prescribed by Section XIII., and Clause 2 Section XXIII., Regulation XIII. of 1816, and upon re-filing his grounds of objection on paper bearing the stamp duty prescribed by Section XIX and Clause 2, Section XXIII. of the same Regulation, may proceed with the appeal according to the rules prescribed by-this Act in the case of persons not appealing as paupers.
Appellant how to proceed upon such order. Clause 7th. Upon such order being made, the appellant shall file his petition, and re-file his objections upon paper stamped with the stamp duty required by Clause 6th of this Section, within two weeks from the date of such order, or within such further time as the said Court may allow for that purpose; otherwise the appeal shall stand dismissed.
Notice of order to be given to respondent, Subsequent procedure thereon. Clause 8th. Upon the re-filing of the grounds of objection according to the provisions of the last preceding Clause, notice of the order and of the re-filing of such objections shall be given to the respondent in the manner prescribed by Section VI. of this Act, and the respondent shall be required to file his grounds of objection, if any, according to the provisions of that Section. The procedure subsequent to such notice shall be according to the general provisions of this Act.
In pauper appeals, appellant's objections may be on unstamped paper. Clause 9th. If an appellant shall petition to appeal in form pauperis, his grounds of objection may be written on plain paper.