JUDGMENT

The Regular First Appeal is preferred, challenging the common judgment and decree in O.S No.151 of 2022 on the file of the Sub Court, Manjeri. The Registry of this Court noted a defect, pointing out that since the valuation of the suit, which was filed after 06.05.2013, is Rs.7.5 lakhs (i.e., less than Rs.20 lakhs), whether the RFA is maintainable before this Court. The Registry also noted that there is a delay of 12 days in filing the appeal and no application to condone delay is filed. The learned counsel for the appellant answered the defects as follows:

“i. The suit OS 151/2022 is tried jointly with OS 126/2022 by the Honourable Sub Court, Manjeri as per order in OP (Transfer) 240/2024 by the Honourable District Court, Manjeri and appeal against OS 126/2022 is filed before the Honourable High Court of Kerala vide Efile Number: EF-HCK-2026-001566. Since appeal against suit OS 126/2022 is filed before the Honorable High Court of Kerala as its valuation is above Rupees Twenty Lakhs the appeal against this suit OS 151/2022 is also filed before the Honourable High Court of Kerala though the valuation is less.

ii. As per Order XLI Rule 1 Proviso, where two or more suits have b