NARAYANAN PANDARATHIL Vs. VASUDEVAN PILLAI

JUDGEMENT

(1.) This is an appeal from decree passed in a suit governed by the provisions of S. 92 of the Code of Civil Procedure and instituted before the appropriate Sub Court in terms of the notification issued by the Government under that statutory provision. An appeal against the decree passed in such a suit lies to the High Court. On the question as to whether the appeal has to be heard by a Single Judge or by a Division Bench, reference has to be pointedly made to S. 3(13)(b) of the Kerala High Court Act, 1958, for short, the "High Court Act". That provision enjoins that the power of the High Court in relation to an appeal from an original decree or order in any suit or other proceedings, where the value of the subject matter of the suit or other proceedings does not exceed one lakh rupees, may be exercised by a Single Judge. The suit from which this appeal arises carried no valuation on pecuniary counts. Fixed court fee of Rs. 10/- was paid in the court of first instance. Therefore, it is a case where the valuation for the purpose of jurisdiction has to be taken as 'nil'. If that were so, it is less than Rs. 1,00,000/-. Therefore, this appeal falls within the jurisdiction of Single Judge, in terms of the High Court Act. Registry will place this matter, accordingly, before the learned Single Judge, as per the roster.