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Judgment
H.G. Ramesh, J.(Oral)—Order regarding maintainability of a common appeal presented under Order 43, Rule 1 (r) of the Code of Civil Procedure, 1908 against a common order passed on several interlocutory applications in a suit or in a Regular Appeal:
Registry has raised an objection as to maintainability of this common appeal on the ground that a single appeal presented against a common order dated 05.02.2015 passed by the Trial Court id exercise of the power under Order 39 Rules 1 & 2 of CPC on I.A. Nos. 1 & 2 in O.S.No.994/2012 is not maintainable. According to the Registry, separate appeals will have to be presented against the order relating to each of the interlocutory applications though the order is common.
In my opinion, a common appeal presented under Order 43, Rule 1 (r) of CPC against a common order passed on several interlocutory applications in exercise of the power under any of the Rules referred to in Order 43, Rule 1 (r) of CPC in a suit, or in a regular appeal under Section 96 of CPC, is maintainable. There is no prohibition for presenting such a common appeal. Court fee payable on such a common appeal is also as payable on a single appeal as the order impugned is one common order.
Registry shall henceforth examine all appeals presented under Order 43, Rule 1 (i) of CPC against a common order passed on several interlocutory applications in the light of this order before raising objection regarding their maintainability.
With regard to all pending appeals presented under Order 43, Rule 1 (r) of CPC, Registry shall club all the appeals preferred against a common order and to list them together before Court.
As stated above, a common single appeal against a common order of the kind referred to above is maintainable. Hence, the objection raised by the Registry regarding maintainability of this common appeal is overruled.