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2017 Supreme(P&H) 915

DAYA CHAUDHARY
S. Ajit Singh – Appellant
Versus
Kawaljit Kaur – Respondent


Advocates Appeared:
For the Appellant : Anupam Bhardwaj

JUDGMENT

Daya Chaudhary, J.

1. Appellant-defendant (since died) through L.Rs. has filed the present second appeal to challenge judgment and decree dated 03.01.2014 passed by the trial Court as well as judgment and decree dated 01.11.2014 passed by the lower Appellate Court. Plaintiff-respondents filed a suit under Sections 19 and 20 of the Hindu Adoption and Maintenance Act, 1956 (for short 'the Act, 1956') for recovery of maintenance allowance stating therein that they are indigent persons and are not possessing sufficient means to pay court fee. Plaintiff No. 2-Karanbir Singh was minor son of plaintiff No. 1 and his age was about 4 ½ years at that time. He filed suit through his mother and natural guardian. Plaintiff No. 1 is widow of Mehain Singh. Out of wedlock of plaintiff No. 1 with Mehain Singh (now deceased), plaintiff No. 2-Karanbir Singh was born. Mehain Singh was employed as Assistant Hockey Coach in the office of District Sports Officer, Amritsar. He met with an accident and died on 13.10.2004 at Amritsar. After death of Mehain Singh, the dispute arose with regard to service benefits including gratuity, general provident fund, leave encashment and pension of deceased husb


































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