Arunachellam Chetty v. Ramanadhan Chetty

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 as required by section 462 of the Civil Procedure Code. In this state of things we think the Court below was light in declining to make an order under section 258 of the Civil Procedure Code. This appeal is dismissed with costs.