HEMANGINI DASSI Vs. RASHMONI DASSI

JUDGEMENT

(1.) A short point arises for determination in this appeal. It is as to whether a decree in respect of future maintenance can be enforced in execution without having recourse to any further suit or not.

(2.) The appellant before us had filed a suit against the respondent for a declaration that she was entitled to future maintenance at the rate of Rs. 20/- per month and for recovery of arrears of maintenance at that rate and also for granting a charge in respect of Kha schedule properties for arrears of maintenance and future maintenance. The decree in that suit, as modified by this Court, was to the effect that the plaintiff was entitled to future maintenance at the rate of Rs. 20/- per month and that a charge on the Kha schedule properties was declared with respect to the future maintenance. There was also a decree for recovery of arrears of maintenance at the rate of Rs. 20/- per mensem.

(3.) The appellant put the decree Into execution not only for realisation of arrears of maintenance but also for the future maintenance due to her on the basis of that decree. The respondent filed an application under Section 47 of the Code of Civil Procedure alleging therein that the decree-holder was not entitled to realise future maintenance at the rate of Rs. 20/- per month without bringing a fresh suit and obtaining a decree therein. This plea prevailed with the learned Subordinate Judge as also with the learned District Judge sitting in appeal.