MOHAMMED M Vs. B VASUMAL

JUDGEMENT

(1.) This CP is filed by the appellant for permission to appeal as an indigent person. There is a delay of 89 days for preferring this petition. A notice WHS ordered on the application filed by the petitioner for condonation of delay in filing ihe Civil petition. As per the office note the respendent has refused to receive the notice ; therefore the Addl. Registrar, by the order dated 26th Nov. 1930 has held the revies as sufficient. Thereafter, the appiication came up for orders on 3-12-1989 and an order was dictated in that day condoning the delay in filing the Civil petition. Bat, before signing the order it was felt that the matter was required to be heard by a Division Bench. Accerdingly the eass was ordered to be posted for ;being spoken to'. Hence, the case came up before the Court on 8-12 1980 on which date it came to be adjourned on the request of the Counsel fo 12-12 1980. Accordingly, on 12-12-1980 the learned counsel was heard on the question as to whether the matter was required to be beard by a Division Bench.

(2.) For the reasons fo be stated hereafter, I am of the visw thst the matter is required to be heard by a Division Bench therefore, I recall the order passed on 3-12-1980. The appeal in question is a RFA preferred against the judgment and decree dated 13-2-1980 passec by the learned I Adal. Civil Judge, Mysore. The trial Court has decreed the suit for a sum of Rs. 39,140 together with costs and current interest at 12% per annum from the date of the suit till the date of the decree and 6% per annum from the date of the decree on Rs. 26,500 till the date of payment. The period of limitation for filing a RFA before the High Court and a Civil Petition for permission to pursue the appeal before the High Court as an Indigent person is 90 days and 60 days respectively from the date of the decree appealed from, as per the provisions contained in Arts. 116 and 130 respectively of the Limitation Act, 1963.

(3.) As already pointed out, there is a delay of 89 days for preferring the present Civil Petition. Thus, it is clear that there is also a delay in filing the RFA itself as the appeal is filed along with the Civil Petition on 26-7-1980. Under S. 3 of the Karnataka High Court Act, 1961 (hereinafter referred to as 'the Act'), first appeals are to be heard by a Bench consisting of not less than two Judges of the High Court. S. 9 of the Act provides for 'other powers of a single Judge'. Among other things the section provides that the powers of the High Court in relation to admission of an appeal in forma pauperies and any matter of an interlocutory character in appeals and other proceedings and admission of an appeal presented after the expiry of the period allowed by the law of limitation, shall be exercised by a single Judge. S. 10 of the Act deals with the "other powers of a Bench of two Judges" and. among other things it provides that all other matters not expressly provided for in the Act, or any other law for the time being in force shall be exercised by a Bench of two Judges.