Decree against father - Property attached in execution - Claim petition by minor on attaining majority is maintainable.

Citation

AIR 1982 MADRAS 424

MADRAS HIGH COURT

(Principal Seat at MADRAS)

SETHURAMAN , J.

S.A. No.35 of 1978, D/- 17 - 7 - 1981

Ulaganathan Chettiar Appellants v. Durairajan and others Respondents

Civil P.C. (5 of 1908), O.21 R.58, O.21 R.63 - (prior to its omission by Act 104 of 1976

w.e.f.1-2-1977) Decree against father - Property attached in execution - Claim petition on behalf

of minor son - Step-mother as guardian-ad-litem acting against interest of minor - Order

dismissing claim petition is not binding on minor - No suit under R.63 filed - Suit by minor on

attaining majority is maintainable.