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1957 Supreme(Mad) 336

RAMASWAMI GOUNDER
Nallasivam Chettiar, minor by next friend Subbiah Chettiar – Appellant
Versus
Avudayamma, minor by father and guardian, Ekambaram Chetti – Respondent


Advocates:
T. V. Balakrishnan for R. Desikachari, T. S. Arunachalam, Fyzce Mohamad and N. K. Panchapakesan for Petitioner.
A. Balasubramaniam (Amicus curiae).
K. R. Rama Ayyar, for Respondent.,

Order

An interesting point is raised in this Civil Miscellaneous Petition.

There was a Second Appeal in this Court disposed of in S.A. No. 1056 of 1954. In this Second Appeal there was a C.M.P- C.M.P. No. 9546 of 1956 in which directions were asked for provision being made for the marriage expenses of the fourth defendant. This petition was disposed of by Ramaswami Gounder, J., by directing the fourth defendant to approach the lower Court for orders as to determining the quantum of the marriage expenses as the learned Judge had no sufficient materials before him to decide the matter. It may be noted here that there was no dispute that the marriage expenses of the fourth defendant constituted a legitimate item of expenditure to be incurred by the joint family. This order of Ramaswami Gounder, J., was on 7th January, 1957 and the aggrieved party thereafter filed I.A. No. 231 of 1957 on 25th February, 1957 in the trial Court. It is now pending and even before this application is adjudicated the plaintiff has come to this Court stating that in as much as the main Second Appeal has been disposed of, by me, the C.M.P. relating to the provision of marriage expenses of the fourth defendant g








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