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Arunachellam Chetty Vs. Ramanadhan Chetty (Minor) by His Next Friend Alamelu Achi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad309
AppellantArunachellam Chetty
RespondentRamanadhan Chetty (Minor) by His Next Friend Alamelu Achi
Excerpt:
civil procedure code - act xiv of 1882, sections 258, 463--adjustment of decree by guardian without leave under section 462 cannot be certified under section 258 of the civil procedure code. - 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.
Judgment:

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.


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