LAWS(KAR)-1987-6-24

MUNISWAMAPPA Vs. NAGAMMA

Decided On June 25, 1987
MUNISWAMAPPA Appellant
V/S
NAGAMMA Respondents

JUDGEMENT

(1.) In this Revision Petition filed under Section 401 of the Code of Criminal Procedure (the Code for short), the five petitioners, who have been ordered to be impleaded as respondents Nos. 2 to 6 in C. Misc No 141/81 on the file of the Metropolitan Magistrate, V Court, Bangalore City, Bangalore, have challenged the order dated 2-2-1985 made by the Learned Metropolitan Magistrate allowing the application (I.A.I) to implead them in C. Misc. No. 141/81.

(2.) The facts relevant to dispose of the Petition are these : Nagamma-the respondent, the mother of petitioners 1 to 5 has filed an application before the Learned Magistrate on 17-9-1981 claiming maintenance allowance from her husband Kadirappa, who is not impleaded in the present Revision Petition. The respondent examined herself on 27-11-1982 in support of the claim and adduced the evidence of one witness on 19-3-1983. Kadirappa, the husband of respondent, was examined on two dates, i.e., on 19-3-1983 and 2-8-1983. The Learned Magistrate thereafter came to post the matter to hear arguments. When the matter was at the stage of hearing arguments, the respondent filed an application (I.A.I.) (on 29-9-1984) to implead the petitioners as respondents to her application for maintenance. The Learned Magistrate furnished copy of the application numbered by him as I.A.I. to the husband of respondent. He filed objections. After hearing, the Learned Magistrate came to pass the order dated 2-2-1985 assailed in this Petition.

(3.) The respondent came to file I.A.I on the ground that after she filed the application for maintenance, there was a division in the joint family of her husband and her sons and that as a result thereof, her sons-the petitioners were taking the income of the properties. The husband of the respondent opposed I.A.I. on the ground that it was not maintainable under the provisions of the Code. The Learned Magistrate held that in the absence of a procedure prescribed in the Code for maintenance applications, in such a situation that had arisen in the case, the parties can resort to the provisions contained in the Code of Civil Procedure. Reading the facts and taking into consideration the principles that govern the amendment of the pleadings and impleading of the parties in civil matters, the Learned Magistrate held that it would be reasonable and expedient to allow the application, I.A.I.