LAWS(KER)-2011-12-4

A THAHA Vs. SUMINA

Decided On December 07, 2011
A.THAHA Appellant
V/S
SUMINA Respondents

JUDGEMENT

(1.) This is a First Appeal directed against an order passed under O.IX R. 13. Apparently there was delay. The Application to condone delay was dismissed. An order was passed by the court below dismissing the application under O.IX R. 13 as belated. The matter stands posted before us. Sri. G.S. Reghunath, learned counsel for the respondents submits that the matter is to be heard by the Single Bench under The Kerala High Court Act. The Registry has stated as follows:

(2.) In The Kerala High Court Act, S. 3 deals with the powers of the Single Judge. Section 3(13) deals with Appeals which may be heard by the Single Bench. We extract S. 3(13) in so far as relevant as follows:

(3.) A Bench of this Court has in F.A.O.No.281/2010 considered the question in a matter where an Appeal arose from an order of remand. The court, inter alia, held as follows: