[1] The appellant asked for an order under Section 258, Civil Procedure Code, certifying that the claim of the attaching-creditor had been adjusted by a compromise. The attaching-creditor is a minor and when the application under Section 258 of the Civil Procedure Code was made no application had been made by his guardian for leave to enter into the compromise relied upon as the adjustment sis required by Section 462 of the Civil Procedure Code. In this state of things we think the Court below was right in declining to make an order under Section 258 of the Civil Procedure Code. This appeal is dismissed with cost.
Arunachellam Chetty v. S Ramanadhan Chetty (minor) By His Next Friend Alamelu Achi
Arunachellam Chetty v. S Ramanadhan Chetty (minor) By His Next Friend Alamelu Achi
(High Court Of Judicature At Madras)
No. | 05-12-1905
Advocate List
Bench
- HON'BLE MR. JUSTICE ARNOLD WHITE
- HON'BLE MR. JUSTICE MOORE
Eq Citations
- (1906) ILR 29 MAD 309
- LQ/MadHC/1905/109
Head Note
Civil Procedure Code, 1908 — S. 258 — Compromise of claim of attaching creditor — Minor attaching creditor — Compromise of claim of, held, not binding on him
