INDAR MAL Vs. BABU LAL

JUDGEMENT

(1.) THIS is a revision petition under Section 115, C. P. C. 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 Mal against his adoptive father Indar 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 15, 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.) IT was contended on behalf of the defendant-applicant that the grant of interim maintenance, in the facts and circumstances of the case, has virtually resulted in giving the entire relief to the plaintiff which he would have been found to be entitled at the time of the final decision of the suit, and as such the learned trial Court acted illegally and with material irregularity in granting such a relief. It was further contended that where the status of the plaintiff-respondent as an adopted son was contested by the applicant, the grant of interim maintenance was an act without jurisdiction. It was also contended that the grant of interim maintenance was not 'an act in aid of the suit', and as such, the learned trial court lacked inherent jurisdiction to grant this relief as a measure of interim relief.