Civil Procedure Code, 1908
Order 22 Rules 1 & 2—Permission to bring married daughter on record being legal heir of her deceased mother-appellant in an appeal for enhancement of maintenance—Right of maintenance is in the nature of personam and it is not a right-in-rem or proprietary right—Since the applicant prayer for bringing her on record as legal representative of deceased appellant, who claimed for enhancement of maintenance under the Hindu Adoption and Maintenance Act and such right of maintenance of wife against her husband is in personam and not in rem, therefore, right to sue does not survive in favour of applicant, who is married daughter of the deceased appellant and respondent—Applicant has right to recover arrears of maintenance granted under judgment and order against her father/respondent after obtaining succession certificate from the competent court of law—Application rejected.
[Para 20]