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1977 Supreme(HP) 36

T.U.MEHTA, C.R.THAKUR
ISHWAR SINGH – Appellant
Versus
RAM PIARI – Respondent


Advocates Appeared:
H.S. Thakur, for Appellant K.D. Sud, for Respondents.

JUDGEMENT

T. U. Mehta, J. :- This appeal is preferred against the judgment and order recorded by our learned brother Mr. Justice Lal sitting singly in C. M. P. (M) No. 26 of the 1973 on 30-11-1973. A preliminary objection is raised on behalf of the respondent No. 1 by her learned Advocate Shri Sud, that this Letters Patent Appeal is not maintainable under Cl. 10 of the Letters Patent constituting the High Court of Judicature at Lahore, dated 21-3-1919. It is an admitted position that these Letters Patent of the Lahore High Court are applicable to the procedure adopted by this Court also.

2. Following are the short facts which constitute the background of this appeal. The respondent No. 1 Ram Piari is the wife of the present appellant Ishwar Singh and she filed an application for maintenance under S. 488 of the Cr. P. C. of 1898. The respondent No. 1 was awarded maintenance in the amount of Rs. 75/- per month. The said order was originally passed by the concerned Nayay Panchayat. Against that order an appeal was preferred to the Full Bench of the Nayay Panchayat but the same was also dismissed on 18-8-1970. Against that order a revision application was preferred to the Divisional Magi












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