PISTA Vs. BHERU LAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS civil revision petition has been filed by the petitioner under Section 115, CPC but considering that an important question of law is arising for consideration in this revision, the learned Single Judge was of the view that the matter is to be heard by the Division Bench. Hence, the same is before us.

(3.) PROVISIONS of sub-sec. (3) applies to the cases where a periodical sum is ordered to be paid regularly and the power can be exercised in respect of liability which may accrue in future. Even such periodical payment in respect of which liability has already accrued or the sum which has already been paid cannot be varied nor the amount already paid can be recovered. The order for varying, modification or recession of earlier order can only be in respect of liability that becomes due in future.