(1.) Leave granted.
(2.) Distinction between Order VIII Rule 9 of the Code of Civil Procedure and Order VI Rule 17 thereof is the question involved in this appeal. It arises out of a judgment and order dated 4.9.2007 passed by a learned Single Judge of the High Court of Judicature at Madras in CRP (NDP) No.1643 of 2007.
(3.) Before embarking on the said question, we may notice the admitted fact: