( 1 ) THIS Rule arises out of a proceeding under Section 24 of the Hindu Marriage Act, 1955. Before the District Judge, 24 Parganas, the present petitioner, who is the husband, applied for restitution! of conjugal rights as against the opposite party, who is, admittedly, his married wife. The application was made on August 6, 1959, under Section 9 of the above Hindu Marriage Act, 1955, and, under the prevailing practice, it was registered as Title Suit No. 254 of 1959. Thereafter, the suit was transferred to the Fifth Court of the Additional District Judge at Alipore, where it was eventually registered as Title Suit No 82 of 1959 of that Court.

( 2 ) WHILE this suit was proceeding, the present opposite party, who was also the opposite party or the defendant or respondent in the above suit, applied, on September 5, 1959, for maintenance pendente lite and also for expenses of litigation, under Section 24 of the above Hindu Marriage Act. This application was opposed by the present petitioner, who contended, inter alia, that the said application was not maintainable in law at the instance of the aforesaid applicant and that, in any event, in the circumstances of t