Section 10 in The Orissa Legal Aid to the Poor Rules, 1975
10. Legal aid in cases of appeal and revision.
(1)No legal aid shall be given for appeals or revisions against orders of lower Courts.(2)Legal aid may be given where the party sanctioned legal aid succeeds in the lower Court but is forced to go to a higher Court in pursuance of the appeal or revision filed by he opposite party. In such cases, the District Magistrate may either-(a)engage one of the legal practitioners in the district panel to contest the opposite party's case; or(b)engage any other legal practitioner; or(c)pay a lump sum-(i)of Rs. 75 where the litigation is in any Court other than the High Court, and(ii)of Rs. 200 where the litigation is in the High Court, to the party for defraying his expenses in connection with the litigation.(3)The lump sum grant referred to in Clause (c) of the preceding sub-rule shall not be given, unless the party encloses with his application for legal aid a letter from the legal practitioner engaged by him to the effect that he will contest the case in the party's behalf and that he will -(a)not charge the party anything more towards his fees, or(b)reduce his fees by the lump grant.He shall, in the event he writes in the manner indicated in Clause (b), also indicate the balance of the fees the party would pay him.(4)In the event a legal practitioner is engaged in pursuance of Clauses(a)and (b) of Sub-rule (2), the payment of fees to him shall be in accordance with the provisions of Rule 8 except when the case is pursued in the High Court. In that event, the fees shall be at twice the rates specified in Clause(b)of Sub-rule (1) of Rule 8. For cases of the nature referred to in Clause (f) of Sub-rule (1) of Rule 3, the legal practitioner engaged in the High Court shall receive a consolidated fee of Rs. 200 inclusive of remuneration for preparation and drafting of pleadings irrespective or the number of days the legal practitioner is required to appear in the Court.(5)Costs awarded in favour of the party sanctioned legal aid shall be credited into the Treasury by the legal practitioner in the manner specified in Rule 9.
