K.S.E. BOARD Vs. VARKEY SEBASTIAN

JUDGEMENT

(1.) The 1st defendant in OS No. 3 of 1976 on the file of the Subordinate Judge, Ernakulam is the appellant. The suit was one for injunction. The operative portion of the judgment appealed against reads as follows:

(2.) In as much as the decree for injunction is not appealed against, it is not open to the defendants not to contend for the position that no decree for injunction had been issued by the court below. It is a well settled principle that, by virtue of the provisions contained in S.35 of the Code of Civil Procedure, the award of costs is in the discretion of the court; and that broadly speaking, an appeal against an order as to costs is the exception, not the rule. Mulla, on the Code of Civil Procedure, 14th edition, Volume I at page 270 state as follows: