R.D. Shukla, J.

1. This second appeal is directed against the judgment and decree dated 20-6-1984, passed in Civil Appeal No. 64-A of 1984 by the Court of Additional Judge to the Court of District Judge, Shahdol, (arising out of the judgment and decree dated 17-6-1980, passed in Civil Suit No. 5-A of 1978, by the Court of Civil Judge (Class II), Baohari). whereby the decree of the trial Court has been reversed and the plaintiff's suit is dismissed.

2. The undisputed facts of the case are that the defendants-respondents obtained an ex parte order from the Court of Magistrate First Class, Baikunthpur (District Surguja), passed in Criminal Case No. 1 of 1973, dated 7-6-1973, whereby the plaintiff was directed to pay Rs. 100/- per month as maintenance allowance to the two defendants, who were accepted to be the wife and son of the plaintiff. The revision filed against the said order (vide joint Criminal Revision Nos. 58 and 59 of 1978), was dismissed by the Additional Sessions Judge, Shahdol, on 30-5-1978.

3. The plaintiff-appellant filed a suit No. 5-A of 1978 on 23-8-1978 in the Court of Civil Judge, Class II Baohari, with the assertion that the defendant No. 1 was not the marri