ISHAR MAL Vs. BABU LAL

JUDGEMENT

(1.) THIS is a revision petition under Sec. 116, CPC against the order of the learned Munsiff, Jalore dated June 1, 1974.

(2.) THE facts, which are relevant for the disposal of this revision petition, are that on December 11, 1973 the plaintiff Babu Lal minor filed a suit through his next friend and guardian Paras Mai against his adoptive father Inder Mal for grant of maintenance allowance. Defendant Indar Mal filed his written statement on February 6, 1974 alleging therein that the plaintiff was never adopted by him. On February 28, 1974 the plaintiff filed a rejoinder to the written statement. THE learned Munsiff struck the issues on March 5, 1974. THE plaintiff moved an application on February 28, 1974 for grant of interim maintenance. This application was resisted by the defendant. THE learned trial Court on June 1, 1974 while deciding the aforesaid application held that the plaintiff is entitled to an interim maintenance of Rs. 100/- p. m. from the date of the institution of the suit, i. e. December 11, 1973 to July 16, 1974 when the plaintiff became major. It is against this order of grant of interim maintenance that the defendant-applicant has filed the present revision petition.

(3.) RELIANCE was also placed on G. Appanna vs. G. Seethamma (5) wherein it has been observed that the inherent powers recognised by Section 151 cannot extend to matters other then procedural. The court cannot resort to the provisions of Section 151 to encroach upon substantive rights of parties or, in an interlocutory application upon matters which await adjudication in the suit. No order under Section 151, Civil PC. can be made except 'in aid of the suit. ' The other rulings cited on behalf of the defendant-applicant support this view of the matter,