S MAHARAJA Vs. G PONNUSAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/claimant against the fair and decreetal order dated 17.11.2017 made in I.A.No.166 of 2016 in M.C.O.P.No.326 of 2009 on the file of the 1st Additional Sub-Court, Madurai, Melur Camp.

(2.) The facts, which are necessary for disposal of this appeal, are as follows:

(3.) The learned counsel for the appellant submitted that the court below ought to have adopted a liberal approach in dealing with the application filed under Order 9 Rule 9 C.P.C, 1908, for restoration of the Claim Petition.