In Forma Pauperis - Definition - Law Dictionary Home Dictionary Definition in-forma-pauperis

Definition :

In forma pauperis (in the character of a pauper). Every poor person, having cause of action, was entitled by 11 Hen. 7, c. 12, which is in affirmance of the Common Law, to have writs according to the nature of the case, without paying the fees thereon, and the judges might assign him counsel and solicitor, who acted gratis. This discretionary indulgence was confined to plaintiffs at Common Law, but was extended by Courts of (English) Equity to defendants.

The statute 11 Hen. 7, c. 12, is repealed by the Statute Law Revision and Civil Procedure Act, 1883, but its provisions and those of the Chancery Orders and Common Law Rules (which gave effect to it in somewhat different terms) are thrown into one code by (English) R.S.C., Ord. XVI., rr. 22-31 G., by which a person may be admitted to sue or defend as a poor person on proof that he has a reasonable cause of action or defence and that his means do not exceed 50l. his clothes, household goods, tools of trade, and the subject-matter of the cause excepted, or such larger sum not exceeding 100l. as the judge in special circumstances may direct. In London and the District Registries lists are kept of counsel and solicitors willing to undertake conduct of actions on behalf of poor persons without remuneration.

Order 33 is intended to enable the indigent person (or paupers) to institute and prosecute suits without payment of court fees. (CPC, Order 33, Rule 1A)

Appeals in forma pauperis to the House of Lords are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22), which gives the House power to refuse a petition for leave to sue.