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1976 Supreme(Raj) 36

P.D.KUDAL
Indar Mal – Appellant
Versus
Babu Lal – Respondent


Advocates:
Appearance :
Rajesh Balia, for the Appellant
S.K. Mal Lodha and Rajendra Lodha, for the Respondents

Judgment

P.D. Kudal, J.-This is a revision petition under Section 115, CPC against the order of the learned Munsiff , Jalore dated June 1, 1974.

2. Thefacts, which are relevant for the disposal of this revision petition, are that on December 11, 1973 the plaintiff Babu Lal minor filed a suit through his next friend and guardian Paras Mal against his adoptive father Indar Mal for grant of maintenance allowance. Defendant Indar Mal filed his written statement on February 6, 1974 alleging therein that the plaintiff was never adopted by him. On February 28, 1974 the plaintiff filed a rejoinder to the written statement. The learned Munsiff struck the issues on March 5, 1974. The plaintiff moved an application on February 28, 1974 for grant of interim maintenance. This application was resisted by the defendant. The learned trial Court on June 1, 1974 while deciding the aforesaid application held that the plaintiff is entitled to an interim maintenance of Rs. 100/-p. m. from the date of the institution of the suit, i. e. December 11, 1973 to July 15, 1974 when the plaintiff became major. It is against this order of grant of interim maintenance that the defendant-applicant has filed the pr


























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