( 1 ) THIS Rule is directed against an order passed by a learned Subordinate Judge granting maintenance pendente lite to a wife and her minor son on an application made by her for leave to sue as a pauper for maintenance. The main application is still pending. The questions of law raised on behalf of the husband are as follows :-- (1) Is the Court competent to make an order for maintenance pendente lite on an application for leave to sue as a pauper before such leave is granted? (2) Can an order for maintenance pendente lite be made at all in a suit for maintenance where the rights of the parties are governed by the Hindu Adoption and Maintenance Act?

( 2 ) TO determine the first question it is necessary to consider some of the provisions of Order 33 of the Code of Civil Procedure which relate to suits by paupers. Rule 2 enjoins that every application for permission to sue as a pauper shall contain the particulars required in regard to plaints in suits and that it shall be signed and verified in the manner prescribed for the signing and verification of pleadings. Rule 3 provides for presentation of the application to the Court and Rule 4 for examination of the applic