A.L.BAHRI, J.

1. Jai Singh Sekhon J. vide his order dt. Oct. 11, 1988 referred the following question of law to the larger Bench :-

"Whether the Judicial Magistrate can restore the execution application of an order passed under Sec.125 of the Code which was dismissed in default of non-appearance of the petitioner on sufficient cause being shown."

2. The facts of the case, in brief, are as under :-

Smt. Kamla Devi filed an application under Sec.125 of the Code of Criminal Procedure for the grant of maintenance for herself as well as for her two minor children against her husband Mehma Singh. Vide order dt. Oct. 25, 1982, Judicial Magistrate 1st Class, Rajpura allowed maintenance at the rate of Rs. 100.00 per mensem to Smt. Kamla Devi and at the rate of Rs. 50.00 per mensem to each of the minor daughters Neelam and Guddi. The maintenance was payable with effect from the date of the institution of the application i.e. Sept. 23, 1980. On the failure of Mehma Singh to pay the maintenance as ordered, Smt. Kamla Devi moved an application for execution of the order of maintenance on Oct, 19, 1983. She claimed arrears of maintenance for the period Sept. 23, 1980 to Oct. 23, 1983. Th