1. This is an appeal against the award of costs in a suit. The suit was for recovery of the price of certain tins of coconut oil found to be missing. The plaintiff is a Co-operative Marketing Society and the defendants h re the legal representatives of deceased Kunhiraman who was employed as salesman in the depot of the society. Defendants 7 and 8 are the sureties. During the pendency of the suit, the Kerala Co-operative Societies Act, 1969 came into force on 15th May 1969. There was a doubt as to whether S.69 of the Act would oust the jurisdiction of the civil court in a suit of the nature from which this appeal has arisen. Ultimately the court found that it had no jurisdiction to entertain the suit and the plaint was returned to the proper court It' was further stated that the defendants are entitled to their costs. It is the direction for payment of costs that is the subject-matter of this appeal

2. Though normally an appellate court does not interfere with the decree for costs, that is on the premises that award of costs being in the discretion of a court unless it is shown that such discretion has been exercised in a patently erroneous manner no interference would b