SAKINBAI Vs. SHRINIBAI

JUDGEMENT

(1.) APPLICATIONS to allow an appeal to be withdrawn on terms when there are parties concerned who are not sui juris are not granted without grave consideration. In the present case Mr. Kenworthy Brown, as counsel for the minor concerned, having considered the whole proceedings, both in their legal bearings and with a full regard to the interests of the minor and his estate, has assured their Lordships that he is of opinion that the compromise is for the benefit of the minor. The case is further strengthened in that direction by a certificate of Mr. J. B. Kanga and Mr. V.F. Taraporewala, the counsel for the minor in the Courts below, that the compromise which is proposed is for his benefit.

(2.) IF there were an appeal pending before the High Court this certificate would have been presented to the Court below, if advantage had been taken of Order XXXII, Rule 7, of the Code of Civil Procedure, which provides that: