charge for maintenance can not be created when it is not claimed in plaint
The general one on reliefs--I am asked, on behalf of Kiran Bala, to create a charge, of the maintenance grant, on the estate of Bankim Chandra. Sec-tion 27 no doubt provides so. But no such relief Kiran Bala has prayed the Court for. It will, therefore, be not right on my part to travel beyond the plaint, where the property to be charged so has not even been mentioned, thereby taking thedefendant completely by surprise
Calcutta High Court
Kiran Bala Saha vs Bankim Chandra Saha on 10 February, 1967
Equivalent citations: AIR 1967 Cal 603
https://www.lawweb.in/2012/11/charge-for-maintenance-can-not-be.html