Balakrishna Variar And Ors. vs Sheriffa And Ors. on 7 February, 1994
In this view I am supported by the decision of this Court in Sankaran Menon v. Gourikutty Amma, AIR 1978 Ker 211. A question arose whether the order refusing to set aside the abatement affects the decision of the case and whether it can be questioned in second appeal. Noticing that the effect of an order refusing to set aside abatement is to dismiss the suit, this court observed that it cannot be said that such an order falls outside Section 105 and does not affect the decision of the case for it prevents the plaintiff from prosecuting his claim and obtaining a decision in his favour.