NIKKA SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) TWO grandchildren (one major of and one minor) of Nikka Singh filed an application under Order 33 Rule 1 of the Code of Civil Procedure (for short 'the Code'), to sue as an indigent person through their maternal uncle as next friend for award of maintenance, Sometime thereafter, they filed an application for grant of maintenance pendente lite. While the application for grant of permission to sue as indigent person was pending, the trial Court after hearing both sides, by order dated 11th August, 1989, ordered the paternal grandfather, against whom the suit was filed, to pay interim maintenance at the rate of Rs. 150/-per month, for each grandchild. Against this order, the paternal grand father has come to this Court in revision.

(2.) THE main argument raised in the revision is that since permission to sue as an indigent person has not been granted, the case has not been registered as a suit, and until the suit is registered, the trial Court has no jurisdiction to entertain the application for grant of interim maintenance while the application to sue as an indigent person was pending.

(3.) FIRST adverting to facts, the trial Court has decided the application and has found that both the applicants are indigent persons with the result that the matter stands converted into a suit. It cannot be disputed that the date of filing of the suit related back to the date of filing of an application for permission to sue as indigent person. Therefore, the trial Court could pass an order granting ad-interim maintenance, while the matter whether the applicants are indigent or not was pending. Even if the application for grant of permission to sue as an indigent person was pending today, I find no impediment in the way of the trial Court in granting ad-interim maintenance. The Courts under Section 151 of the Code have inherrent jurisdiction to give suitable interim relief to a person if so found entitled to and this has no reference to the pendency of the suit. It can also be given during the pendency of an application or any other proceedings short of a suit.