1. This appeal arises out of a suit for recovery of maintenance allowance.

2. The brief facts are these. The plaintiff-appellant was arrested on 6-9-1956 under Section 147/323 I.P.C. His bail application was allowed on 27-11-1956 but as soon as he was released on 28-11-1956 he was again arrested at the jail gate and was served with an order under the Preventive Detention Act, 1950. The plaintiff remained a security prisoner from 28-11-1956 to 10-2-1957. This detention substantially affected the means of his dependents and the defendant-respondent No.1 State of Uttar Pradesh, was bound to pay allowance for the maintenance of such dependents under Rule 52 of the Security Prisoners' Rules, 1950. The plaintiff-appellant made an application to the District Magistrate, Moradabad, the defendant-respondent No.2 on 1-12-1956 praying for maintenance allowance at the rate of Rs. 15/- per day to be paid to his wife. The District Magistrate informed the plaintiff that an enquiry was being made in regard to his application and the result of the same would be forwarded to the State Government. Such an enquiry was made and its result was forwarded to the Government but the plaintiff did no