Compromise of claim by a person under disability
15.08 Compromise of claim by a person under disability
If in a proceeding a claim is made by or on behalf of or against a person under disability, no compromise, payment of money or acceptance of an offer of compromise under Order 26, whenever entered into or made, so far as it relates to that claim, is valid without the approval of the Court.
Application for approval must be by application filed not later than 30 days after the compromise, payment or acceptance.
A copy of an affidavit in support of the application need not be served.
The Court may dispense with the requirement of an application if application for approval is made at the hearing of the proceeding.
On the application, evidence must be given of the date of the compromise, payment or acceptance and the date of birth of the person under disability, and the dates must be stated in any order approving the compromise, payment or acceptance.
If the acceptance of an offer of compromise is approved, the person under disability must be taken to have made or accepted the offer at the time of approval.
If an order is made approving a compromise by which money is to be paid to a person under a disability, the form of order in Form 15A must, with appropriate modifications, be used.
15.09–15.10 * * * * *
Order 16—Executors, administrators and trustees
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Order 17—Partners and sole proprietors
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