K.M. Joseph, J.

1. This is a First Appeal directed against an order passed under Order IX Rule 13. Apparently there was delay. The Application to Condone delay was dismissed. An order was passed by the court below dismissing the application under Order IX Rule 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:

“Kindly see Section 3(13)(d) of the Kerala High Court Act. As per the same, the powers of the High Court in relation to the following matters may be exercised by a Single Judge, that an appeal from an order under Section 104 of the CPC, except an order of the kind mentioned in Clause (h) of sub-section (1) of the said section or in Clauses (c), (d) or (j) of Rule 1 of Order XLIII of the First Schedule to the said Code. Since this FAO is filed under Order XLIII Rule 1(d) of CPC the same was posted before the Hon’ble Division Bench. Page 5 paragraph 7 of FAO 281/10 may also kindly be perused in this regard. Decision in FAI 281/10 is herewith for reference.”

2. In the Kerala High Court Act, Section 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 Section 3(13) in so far as relevant as follows:

“3. Powers of Single Judge:- The powers of the High Court in relation to the following matters may be exercised by a Single Judge provided that the judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a Bench of two Judges:-

(1) to (12) ……………….. ……………..

(13) An appeal –

(b) from an original decree or order in any suit or other proceeding, where the amount or value of the subject-matter of the suit or other proceeding does not exceed one lakh rupees;

(d) from an order under Section 104 of the Code of Civil Procedure, 1908, except an order of the kind mentioned in Clause (h) of sub-section (1) of the said section or in Clauses (c), (d) or (j) or Rule 1 of Order XLIII of the First Schedule to the said Code;

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 or remand. The court, inter alia, held as follows:

“4. It must be said in all fairness that when the matter again came up for consideration, learned counsel appearing for the petitioner submits that he too feels that the appeal should be heard by a Single Bench of this Court. Learned Amicus Curiae was also of the same opinion. The reasons are as follows:

The forum of appeal in a civil case is not determined by the Kerala High Court Act. Rather, it is controlled by the provisions of the Kerala Civil Courts Act, 1957. Sections 12 and 13 are the relevant provisions of the Kerala Civil Courts Act. Going by Section 13 of the Civil Courts Act, when the value of the subject matter of the suit does not exceed Rs. Two Lakhs, an appeal from the original decree or subordinate court lies to the District Court. In the case of original decrees passed by the Munsiff Court, that too lies to the District Court or the Sub Court as the case may be.

7. However, the procedures before the High Court are governed by the Kerala High Court Act and Rules. Section 3(13)(b), (d) and (e) of the Kerala High Court Act reads as follows:

“3. Powers of Single Judge:- The powers of the High Court in relation to the following matters may be exercised by a Single Judge provided that the judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a Bench of two Judges:-

(1) to (12) …………… ……………………

(13) An appeal-

(a) ……………………… ………………………..

(b) from an original decree or order in any suit or other proceeding, where the amount or value of the subject-matter of the suit or other proceeding does not exceed one lakh rupees.

(c) …………..

(d) from an order under Section 104 of the Code of Civil Procedur