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1953 Supreme(Mad) 130

RAMASWAMI
Pogula Kesavayya – Appellant
Versus
Pogula Venkayamma being minor by father and next friend Bollimuntha Krishnaiah – Respondent


Advocates Appeared:
M. Bhujanga Rao, for Petitioner; C. Kondiah, for Respondent.

Judgement

ORDER :- C.R.P. No. 1988 of 1952 has been filed against the order made by the learned District Munsif of Tenali in O.S. No. 268 of 1951. C.R.P. No. 1987 of 1952 has been filed against the order of the same Judge in I.A. No. 835 of 1952 in O.S. No 268 of 1951.

2. The facts are : the suit O.S. No. 268 of 1951 has been filed by Pogula Venkayamma, being a minor represented by her father and next friend B. Krishnaiah, against her husband for maintenance etc.

3. The case for this husband was that it was quite true that he tied tali and as a matter of fact he lived with the plaintiff for sometime but that it was only a show of marriage, whatever that may mean, and that he is not liable for any amount as contended by the plaintiff.

4. The suit underwent several adjournments. On 26-7-1952 when this suit of 1951 stood posted for final hearing, the defendant was not ready. Therefore the learned District Munsif passed an order that the defendant will have to pay Rs. 40 as costs before 11 a.m. on the next hearing date and that in default thereof the defence would be struck off and that these costs would not form costs of suit and that the suit would be adjourned only subject to the above






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