SHRI GOVERDHANLALJI MAHARAJ Vs. SHRI CHANDRAPRABHAVATI

JUDGEMENT

(1.) The plaintiff filed this suit with a view to get the terms of the consent decree, passed on June 13, 1912, whereby inter alia her maintenance was fixed at Rs. 2000 per every two months, varied, on the ground that circumstances had arisen which justified her asking for an increase. The defendant in his written statement submitted that the suit was not maintainable, that the sum payable to the plaintiff had been fixed by a consent decree and could not be altered without the consent of the defendant.

(2.) A preliminary issue was raised in a somewhat unintelligible form, viz., whether the suit was not maintainable as alleged in para 1 of the written statement. After hearing arguments on that issue, the Judge came to the conclusion that the suit was maintainable, and as the parties were not ready to go on with the hearing, the further hearing of the suit had to be adjourned.

(3.) But it appears that on that decision an order was drawn up as follows:-" The suit being this day called on for judgment this Court doth declare that this suit is maintainable.