R.L.NARASIMHAM, MOHAPATRA
GYANENDRA PRASAD BOSE – Appellant
Versus
RAJENDRA PRASAD BOSE AND RAMANATH RAY – Respondent
JUDGMENT :
Mohapatra, J. - Defendant No. 1 is the Petitioner before us. The matter arises out of a suit for partition. The Plaintiff has admittedly 8 annas share in the suit properties. The Plaintiff had made an application for appointment of a receiver. On 21-9-50 the receiver matter was dropped by consent of parties, Defendant No. 1 having agreed to pay a sum of Rs. 2000/- towards the maintenance of the Plaintiff. Subsequently the Plaintiff had made further petitions to the Court for enhancing the allowance which were dismissed. The present petition was filed on 29-6-51 for raising maintenance allowance of Rs. 2,000/- to rupees ten thousand and odd (Rs. 10,000 and odd) and for meeting expenses on account of the birth of a child to the Plaintiff for paying fees to the lawyers engaged on behalf of the Plaintiff in the case and also for meeting litigation expenses of the pending partition suit. The learned court below has dismissed the prayer for enhancing the maintenance allowance and has allowed a sum of Rs. 380/- towards the expenses on account of the birth of a new child as against his claim of Rs. 1380/- a sum of Rs. 1000/- towards the fees of the lawyer as against his claim of
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