1. The question raised herein is as to whether under S 5 (ii) of the Kerala High Court Act, 1958 a further appeal would lie to a Division Bench of this Court from a decision of a Single Judge disposing of a Civil Miscellaneous Appeal preferred under S.104 of the Code of Civil Procedure, 1908

2. S.5 of the High Court Act, 1958 reads:

"5. Appeal from judgment or order of Single Judge: An appeal shall lie to a Bench of two Judges from

(i) a judgment or order of a Single Judge in the exercise of original juris diction; or

(ii) a judgment of a Single Judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of original jurisdiction by a subordinate court; or

(iii) a judgment of a Single Judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a subordinate court, if the Judge who passed such judgment certifies that the case is a fit one for appeal."

3. The order which was under appeal before the learned Single Judge is one passed by the 1st Additional District Judge, Ernakulam in exercise of his original jurisdiction, and the judgment of the learned Single Judge in a