ENACTMENT No. 2 Of 1984 ISLAMIC CIVIL PROCEDURE ENACTMENT 1979
PART XXXIII - POOR PERSONS
Section 248. 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 thereof, may apply to the Court for leave to sue or defend as a poor person.
(2) The application shall be by affidavit in the form provided and the applicant shall state therein-
(a) his name, place of abode and occupation;
(b) that he is unable to pay the court fees in the action, other proceedings; and
(c) all the material facts of the case.
(3) The affidavit shall be prepared by the applicant or by an officer of the appropriate Court and shall be verified in the presence of a Kadi 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 an 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 so satisfied it shall dismiss the application.