DHAROPSING Vs. RAJARAM

JUDGEMENT

(1.) 1. Dharop Singh filed this suit on 15th August 1925 for a partition of the joint family property, against Rajaram, Thansing and Amar Singh, his sons by his first wife who is dead, against Ratan Singh, Ude Singh. Maharaj Singh and Jagat Singh, his sons by his second wife Mt. Indrani. An application was made on 11th January 1926 on behalf of Mt. Kaushalya Bai, the unmarried daughter to be made a defendant, and she was brought on record as defendant 9. Randbir Singh was born on 24th May 1926, and was brought on record as a defendant on 27th July 1926.

(2.) THE lower Court has passed a preliminary decree for partition, and against that decree two appeals have been filed in this Court : one, first Appeal No. 93 of 1926 by Dharop Singh and the other by Ratan Singh, Ude Singh, Maharaj Singh, Jagat Singh and Randhir Singh, First Appeal No. 110 of 1926. All the points urged in the memorandum of appeal filed in appeal No. 110 of 1926 have been, urged in appeal No. 93 of 1926 and, therefore, the judgment in appeal No. 93 of 1926 will; decide both the appeals.

(3.) AS a severance of the joint status of the family has been effected by an unequivocal declaration of intention to separate, provision cannot be made for the marriage of the unmarried sons of Dharop Singh. In Pranjivan v. Motiram A.I.R. 1927 Bom. 651 it baa been held that under Hindu law, in a suit for partition, marriage expenses incurred by a party after the date of the suit and before the trial, or any prospective, marriage expenses cannot be allowed.