NIRMALA Vs. SUNDARESAN

JUDGEMENT

(1.) Should an appeal under Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908, be heard by a Single Bench or a Division Bench?

(2.) We thought that the question had a quietus with the decision of this Court in Thaha v. Sumina [2012 (1) KLT 39]. But, the learned counsel appearing for the appellant raked up it by contending that this appeal, which was filed under Order XLIII, Rule 1(j) of the Code is one covered by Sec. 3(13)(b) of the Kerala High Courts Act, 1958, and therefore, liable to be heard by a Single Bench.

(3.) Heard the learned Counsel appearing for the appellant and also the learned Counsel appearing for the respondent.