COAL INDIA LIMITED Vs. MACMET INDIA LIMITED

JUDGEMENT

(1.) The appeal is against an order dated December 11, 2019 passed on an application for restoration of a suit that was instituted in the year 1995, dismissed for default in the year 2011 and attempted to be restored only in 2019. The appeal is by the plaintiff and not the defendant.

(2.) At the outset, the defendant says that the appeal is not maintainable since the plaintiff had applied for restoration and the application has succeeded. The defendant emphasises that an appeal against an order for costs is generally not permissible.

(3.) The defendant is perfectly justified in taking the objection. Ordinarily, an appeal cannot be maintained only against the costs, unless the costs are so prohibitive that complying with the order for payment of costs to obtain the benefit of the substantial order becomes extremely difficult.