E.P.K.BALAKRISHNAN Vs. JITHA

JUDGEMENT

(1.) THE petitioners are defendants in O.S.No.548 of 2005 of the I Additional Sub Court, Thrissur.

(2.) THE petitioners are also defendants in O.S.Nos.527, 545, 547 and 549 of 2005 of the II Additional Sub Court, Thrissur. The above suits are filed by separate plaintiffs for recovery of money (allegedly due) from the petitioners based on demand promissory notes. The petitioners have a common contention to raise in all the suits. According to them, it was necessary to try and dispose of all the suits jointly. They filed T.O.P. No.390 of 2009 in the District Court, Thrissur for the transfer of O.S.No.548 of 2005 to the court of learned II Additional Sub Judge, Thrissur for joint disposal with other suits pending in that court. The learned District Judge passed Ext.P1, order dated 28.10.2009 transferring O.S.No.548 of 2005 to the II Additional Sub Court, Thrissur for joint disposal.

(3.) PURSUANT to the separate disposal of the suits, petitioners filed Ext.P3, application in the District Court (in T.O.P.No.390 of 2005) in the form of an interlocutory application to set aside the judgments in the five suits for the reason of non-compliance of the direction for joint disposal as per Ext.P1, order dated 28.10.2009. The learned District Judge by Ext.P4, order dated 27.10.2012 dismissed Ext.P3, application without issuing notice to the respondents.