U.N.Sinha, J.

1. This, application has been filed by the defendants and it is directed against an order passed by the trial Court, by which defendant No. 1 has been ordered to pay Rs. 50 per month as maintenance to the plaintiffs. The plaintiffs have instituted a suit for partition and Plaintiff No. 1 is the son of defendant No. 1.In that suit, the plaintiffs filed two applications before the trial Court, one praying that defendant No. 1 be restrained from transferring the lands involved in the suit and from cutting down and selling trees standing thereon, and the other was for appointment of a receiver during the pendency of the suit. In the second application, an alternative prayer was made to the effect, that, defendant No. 1 be called upon to meet the plaintiffs cost of maintenance. The plaintiffs" prayer, last mentioned, has been allowed to the effect as stated above.

2. Learned counsel for the petitioners complain of the order for payment of maintenance. A counter-affidavit has been filed on behalf of opposite party No. 1 giving the history of the disputed land, amongst other matters, and a reply to the counter-affidavit has been filed on behalf of one of the petition