PART K DESTITUTE LITIGANT FUND RULES, 1974.
Whereas the Provincial Government allocates funds to be given by the High Court to the deserving destitute litigants.
The Chief Justice and Judges have framed the following rules to ensure just and fair utilization of funds placed at the disposal of the High Court on such persons as really deserve this assistance.
1. (a) These rules may be called the “Destitute Litigant Fund Rules, 1974”.
(b) They shall come into force at once.
2. In these rules, except as otherwise provided:
(a) “Authority” means the Chief Justice Lahore High Court or any other Judge or Officer of the Court specially empowered by him in this behalf.
(b) “Court” means the Lahore High Court.
(c) “Destitute” means a litigant who has no means to pay court fee or any other legal charges in connection with a writ petition to be filed in the Court.
(d) “Fund” means the Destitute Litigant Fund.
(e) “Inquiry Officer” means an officer appointed by the Authority to enquire into the financial position of the applicant.
3. (a) Every application seeking assistance out of the Fund shall be accompanied with a schedule of both moveable and immoveable property, if any, belonging to the applicant, with estimated value thereof and any other source of income along with a copy of the writ petition with enclosures intended to be filed in the Court.
(b) It shall be signed and verified in the manner prescribed for signing and verification of pleadings.
4. Notwithstanding anything contained in these rules, the application shall be presented in person to the Deputy Registrar (Judicial) or any other Officer of the Court so appointed by the Authority to receive such applications.
5. (a) Where the application is in proper form and duly presented, the Authority may, if it thinks fit, require the Inquiry Officer to examine the applicant in order to ascertain his financial position.
(b) The Inquiry Officer may fix a date and record such evidence as the applicant may adduce in proof of his being destitute.
(c) The Inquiry Officer may, if he is not satisfied with the evidence produced before him by the applicant, call for a report from the Collector concerned in regard to the statement of the applicant of being a destitute.
(d) The Inquiry Officer shall thereafter proceed to record his opinion and present the same to the Authority.
(e) Before a destitute litigant is provided funds to file a cause in this Court, an Officer of the High Court should certify that there is a prima facie case to be agitated before the Court.
6. On receipt of report from the Inquiry Officer the Authority may pass such order as it considers necessary for any financial assistance from the Fund or reject the application.
7. The decision of the Authority shall be final.
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