ENACTMENT NO. 5 OF 1984 SYARIAH CIVIL PROCEDURE ENACTMENT 1984
PART XXXIV - POOR PERSONS
Section 246. Application to sue or defend as a poor person.
(1) Any person, who desires to commence or defend any action or other proceedings in his own right, and is unable to pay the Court fees therefor, may apply to the Court for leave to sue or defend as a poor person.
(2) The application shall be by affidavit in Form 37 or Form 38, as the case may be, and the applicant shall state therin-
(a)his name, place of abode and occupation ;
(b)thathe is unable to pay the Court fees in the action, or other proceedings ;
(c)all the material facts of the case.
(3) The affidavit shall be prepared by the applicant or by an officer of the Court and shall be verified by the oath of the applicant in front of Qadhi or Registrar.
(4) Where the Court is satisfied-
(a) that the applicant is unable to pay the Court fees in the action or other proceedings, and
(b) that the applicant has a good cause of action or defence, as the case may be,
it shall make an order admitting the applicant (hereinafter called the "poor person") to sue or defend, as the case may be, as a poor person. Upon such order being made the summons or other process in the action or other proceedings and the relevant entry in the cause book shall be marked in forma pauperis.
(5) Where the Court is not satisfied it shall dismiss the application.