K. A. SWAMI, J. ( 1 ) THIS CP is filed by the appellant for permission to appeal as an indigent person. There is a delay of 89 days for preferring this petition. A notice WHS ordered on the application filed by the petitioner for condonation of delay in filing ihe Civil petition. As per the office note the respendent has refused to receive the notice ; therefore the Addl. Registrar, by the order dated 26th Nov. 1930 has held the revies as sufficient. Thereafter, the appiication came up for orders on 3-12-1989 and an order was dictated in that day condoning the delay in filing the Civil petition. Bat, before signing the order it was felt that the matter was required to be heard by a division Bench. Accerdingly the eass was ordered to be posted for ;being spoken to'. Hence, the case came up before the court on 8-12 1980 on which date it came to be adjourned on the request of the counsel fo 12-12 1980. Accordingly, on 12-12-1980 the learned counsel was heard on the question as to whether the matter was required to be beard by a Division Bench. ( 2 ) FOR the reasons fo be stated hereafter, I am of the visw thst the matter is required to be heard by a Division Bench therefore, I recall the order passed on 3-12-1980. The appeal in question is a rfa preferred against the judgment and decree dated 13-2-1980 passec by the learned I Adal. Civil Judge, Mysore. The trial Court has decreed the suit for a sum of Rs. 39,140 together with costs and current interest at 12% per annum from the date of the suit till the date of the decree and 6% per annum from the date of the decree on Rs. 26,500 till the date of payment. The period of limitation for filing a RFA before the High Court and a civil Petition for permission to pursue the appeal before the High Court as an indigent person is 90 days and 60 days respectively from the date of the decree appealed from, as per the provisions contained in Arts. 116 and 130 respectively of the Limitation Act, 1963. ( 3 ) AS already pointed out, there is a delay of 89 days for preferring the present civil Petition. 116 and 130 respectively of the Limitation Act, 1963. ( 3 ) AS already pointed out, there is a delay of 89 days for preferring the present civil Petition. Thus, it is clear that there is also a delay in filing the RFA itself as the appeal is filed along with the Civil petition on 26-7-1980. Under S. 3 of the karnataka High Court Act, 1961 (hereinafter referred to as 'the Act'), first appeals are to be heard by a Bench consisting of not less than two Judges of the High court. S. 9 of the Act provides for 'other powers of a single Judge'. Among other things the section provides that the powers of the High Court in relation to admission of an appeal in forma pauperies and any matter of an interlocutory character in appeals and other proceedings and admission of an appeal presented after the expiry of the period allowed by the law of limitation, shall be exercised by a single Judge. S. 10 of the Act deals with the "other powers of a Bench of two Judges" and. among other things it provides that all other matters not expressly provided for in the Act, or any other law for the time being in force shall be exercised by a Bench of two Judges. ( 4 ) R. 1 (h) of Chapter II of the High court of Karnataka Rules, 1959 (hereinafter referred to as 'the Rules') defines appropriate Bench in relation to any matter as the Bench which is competent under the Rules to dispose of the said matter finally. R. 7 of Chapter VI of the rules provides that appeals presented after the expiry of the period prescribed for them by law shall be accompanied by an application supported by an affidavit explaining the delay and setting forth the grounds on which the appellant seeks to have the delay condoned and the appeal entertained by the Court or to establish that the appeal has been presented within time. R. 8 thereof provides that when an appeal is presented with such an application as is mentioned in R. 7, the said application together with all the papers of the appeal shall be posted before the appropriate Bench. R. 8 thereof provides that when an appeal is presented with such an application as is mentioned in R. 7, the said application together with all the papers of the appeal shall be posted before the appropriate Bench. Unless the Bench is of the opinion that the appeal has been presented in time, no order other than an order dismissing the application or summarily dismissing the appeal shall be passed without issuing notice to the respondents and hearing them if they appear in response to the notice. R. 7 of Chapter vii of the Rules which deals with petitions, provides that where any petition for which the law applicable to it prescribes a period within which it shall be presented or made, is presented after the expiry of the said period, the provisions of Rr. 7 and 8 of Chapter VI shall apply mutatis mutandis. Rr. 4 and 5 of Chapter x of the Rules which deal with interlocutory matters, provide that interlocutory applications shall be posted before the appropriate Bench. ( 5 ) IN the instant case, as the delay in filing the Civil Petition for permission to pursue the appeal as an indigent person being 89 days, there is a delay of 59 days in filing the RFA itself. Therefore, the condonation of delay in filing the Civil petition would also result in the condonation of delay in filing the RFA itself. From the relevant provisions of the act and the Rules, adverted to above, it is apparent that the application for condonation of delay in preferring the rfa will have to be posted before a division Bench, Therefore in the case of an RFA which is required to be heard by a division Bench, 0f a Civil Petition is filed under Or. 44 of the CPC, along with the appeal, for permission to pursue the appeal as an indigent person, beyond the period of 90 dayi which is the period of limitation prescribed for preferring the rfa to the High Court, there has got to be two applications- one for condonation of delay in filing the Civil Petition and another for condonation of delay in filing the RFA and those applications will have to be heard by a Division Bench inasmuch is the condonation of delay in filing the civil P tition in such a case would result in the condonation of delay in filing the rfa itself. Similarly, in such a case if a single Judge finds it to be not a case for condonation of delay in filing the civil Petition, it would create an anomalous situation inasmuch as if the delay in filing the Civil Petition filed beyond the period of 90 days cannot be condoned, it will neither be correct nor proper to hold that the delay in filing the RFA can be condoned. Further, the petition filed under Or. 44 of C PC, cannot be considered to be a matter of an interlocutory nature so as to fall under S. 9 of the Act. The powers exercisable by a single Judge in relation, to admission of an appeal in forma pauperies and admission of an appeal presented after the expiry of the period allowed by the law pertain to appeals which are required to be heard and decided by a single Judge and not to rfa which are to be heard by a Bench of two Judges. ( 6 ) FOR the reasons stated above, I direct the Office to take appropriate order from the Hon'ble the Chief Justice for posting the matter before an appropriate Bench. --- *** --- .