Muruga Chetty And Ors. vs Rajasami And Ors. on 3 January, 1912
In the case in Muruga Chetty v. Rajasami (1912) 22 M.L.J. 284 Mr. Justice Sundara Aiyar, assumes that the result of granting an application for restoration would simply be to restore the parties to the position they occupied before the dismissal. This might be so in the case of appeal or second appeal. The case is different in the case of original suits. The party might be deprived of the fruits of his decree if the petitioner's allegations before us are true. I am not therefore prepared to hold that, when a decree is passed against the defendant exparte, the defendant is entitled to have it restored upon any ground other than that which is recognized by the Civil Procedure Code.