LAWS(BOM)-1939-1-11

KESHAVLAL TRIBHUVANDAS Vs. BAI DAHI

Decided On January 30, 1939
KESHAVLAL TRIBHUVANDAS Appellant
V/S
BAI DAHI Respondents

JUDGEMENT

(1.) THIS is an appeal against an order passed by the Joint First Class Subordinate Judge at Ahmedabad in execution proceedings. The decree sought to be executed was obtained by a step-mother against her step-son for maintenance, and it provided as follows: Defendant to pay Rs. 600 to the plaintiff per year for the plaintiff's maintenance from the date of suit. The said amount will be payable in two sums as follows:- Rs. 300 on May 1 of each year : Rs. 300 on November 1 of each year. The amount of future maintenance due up to November 1, 1936, will be paid up immediately.

(2.) IN the darkhast the plaintiff-decree-holder claimed maintenance from the date on which she had made an application to file her suit in forma pauperis. That application was filed on March 30, 1935, and was granted on October 31, 1936. The judgment-debtor contended that the suit was really instituted on the date on which the application was granted and the plaint was ordered to be registered. He, therefore, contested the decree-holder's claim for the amount of maintenance for the period between the date of the filing of the application for permission to sue as a pauper and the date on which the application was actually granted. The learned Subordinate Judge held that the suit should be deemed to have been instituted on the day on which the application for permission to sue in pauperism was made; and that is the only question in issue in this appeal.

(3.) I, therefore, hold that in this case also the suit should be deemed to have been instituted on March 30, 1935, when the application for leave to sue as a pauper was presented, and that the order of the lower Court is correct.