LAWS(KER)-2012-9-284

KRISHNAMANI Vs. SIVARAMAKRISHNAN

Decided On September 27, 2012
Krishnamani Appellant
V/S
Sivaramakrishnan Respondents

JUDGEMENT

(1.) THE original petition is liable to be dismissed for more reasons than one.

(2.) FIRSTLY , a single original petition will not lie challenging three different orders passed in three separate suits. The fact that the three suits are jointly tried is of no consequence. The original petition is plainly not maintainable.

(3.) THIRDLY , an order allowing an application to set aside the exparte decree on payment of costs is appealable if the challenge is confined to the liability to pay costs. See Varghese Antony vs. Fr.Antony Kochuveettil (2012 (3) KLT 692). The reasoning of the lower appellate court that the appeal is not maintainable is obviously wrong. But the order passed by the trial court suffers from no error of jurisdiction.