High CourtsDivision Bench(1905) 12 MAD CK 0017

Arunachellam Chetty vs Ramanadhan Chetty by his next Friend Alamelu Achi

Madras High Court · Decided on 5 December 1905 · Citation: (1906) ILR (Mad) 309

HON’BLE JUDGES
Arnold White, C.J · Moore, J

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Judgment

5 paragraphs · 102 words
1.

The appellant asked for an order u/s 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 u/s 258 of the CPC 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 u/s 258 of the Civil Procedure Code. This appeal is dismissed with

cost.