Musammat Ashrafi Kuar vs Jai Narain and Another

This appeal is closely connected with (F.A.F.O. No. 74 of 1908) Ashrafi Kuar v. Jai Narain G Ind. Cas. 862 and Revision No. 66 of 1903. It arises out of a petition filed by the same Musammat Ashrafi Kuar in which she asks that the opposite parties may be ordered to pay her Rs. 8,000 for expenses incurred by her. The application is said to be filed u/s 43 of Act VIII. of 1890. The learned District Judge considered that the amounts asked for were far too large and made an order directing that for the present a sum of Rs. 250 should be paid by the trustees to the applicant month by month. It is contended that the amount awarded is inadequate and a plea was taken that Miju Mal had no authority to execute the Will that he did, but this plea was not pressed. It is sufficient for the purpose of this case, for us to hold that the learned Judge had no authority u/s 43, Act VIII of 1890, to make any order against the opposite parties who were trustees. For these reasons, and not for the reasons given in the memorandum of appeal, upon which we pronounce no opinion whatever, we set aside the order of the 24th July 1909. We make no order as to costs.