RAMAPPA PARAPPA KHOT Vs. GOURWWA

JUDGEMENT

(1.) This revision petition is directed against an order made by the Civil Judge ordering payment of interim maintenance to the respondent who made an application for permission to sue as a pauper. In the application presented by her which contained all the particulars which have to be stated in a plaint, she sought a decree for the cancellation of three gift deed executed by her husband who is defendant 1 in favour of defendants 2 to 5. Defendants 2 and 3 are the brother's sons of defendant 1. Defendant 4 is his sister's son and defendant 5 is the plaintiff's brother. In the alternative, she asked for a decree for maintenance. During the pendency of this application, defendant 1 died on December 5, 1965 and the respondent in this revision petition made an application for interim maintenance. The Civil Judge directed payment of a sum of Rs. 80 a month as interim maintenance.

(2.) The principal contention in this revision petition is that since the proceeding which was pending before the Civil Judge was not a suit but only an application to sue as a pauper, there was no jurisdiction in him to make an interim order such as the one made by him. It was said that an application for interim maintenance could be presented only in a properly constituted suit and since there was none, the Civil Judge had no power to direct the payment of interim maintenance.

(3.) The question in this form was not raised before the Civil Judge and since the respondent has not appeared and is not represented by counsel, Mr. V. Krishna Murthy at my request advanced arguments on her behalf as amicus curaie. I must express my beholdenness to him for his assistance.