1921 Present: Shaw J.

BEEBEE v. MAHMOOD. .

197-P. C. Colombo, 11,652.

Maintenance-Application by mother for children dismissed as she was net ready with evidence-Subsequent application-Is dismissal bar ?-Application by person other than mother.

An application for maintenance of children may be made by other persons besides the mother.

Where an application made by a mother was not heard on the merits, but was dismissed as she was not ready with evidence, and subsequently application was made by the grandmother,-.

Held, that the previous application was no bar to the subsequent application.

The Magistrate should have entertained the present applicant ion even had it been made by the mother."

THE facts appear from the judgment.

Cooray, for appellant.

March 3,1921. SHAW J.-

This is an appeal from a refusal of the Magistrate to entertain certain maintenance proceedings on the ground that there had been a previous application which had been dismissed. The previous application was made by the mother of the two children, and it was never heard on the merits, her case being dismissed because she was not ready with her evidence on a date to wh