S. B. SINHA, J. ( 1 ) THIS reference has been made by the Hon'ble Mr. Justice D. P. Sarkar-II, by an order dated 23rd July, 1977 on the question as to whether in terms of the appellate side rules of this court, an appeal from original order should be heard by a division bench or a single bench. ( 2 ) IN order to answer the reference it is not necessary to notice the fact of the matter in details. ( 3 ) THE appeal which was placed before the learned Judge valued at 80,025 arose from an order passed by Assistant District Judge, 1st Court, Barasat in Title Suit No. 2 65/95 whereby and whereunder the said learned Judge directed the parties to the suit to maintain status quo in respect of nature, character and possession of the suit property till the disposal of the suit. The said appeal came up for hearing before the learned single Judge and a doubt was expressed as to whether the same should be heard by a single Judge or a division bench. Hence the reference. ( 4 ) AN amendment has been made by this court on 30th August, 1994 in Chapter-II of Part-I of the rules of the High Court Appellate Side of 1987. Rule 1 of Chapter-II as amended by the said notification and the proviso appended thereto reads as follows:" (1) All appeals other than First Appeals, reference or revisions in respect of the order or decrees of any subordinate Civil Court shall be heard by a Single Judge: provided that all appeals from Original Orders made by the subordinate trial court arising out of suits and proceeding shall be heard by a Division Bench. " ( 5 ) THE said rule further underwent another amendment by a notification dated 25th April, 1997: in terms whereof it was stated:-"in Rule-I, Chapter-II, Part-I of the Rules of the High Court, Appellate Side, 1987, the words 'all appeals other than First Appeals reference or revisions in respect of the Order or Decree of any Subordinate Civil Court shall be heard by a Single Judge' shall be deleted and be substituted with the following:"all appeals (other than First Appeals), reference or revisions in respect of the order or decrees of any subordinate Civil Court or of the Rent Controller or Tribunal or any other Authority established by any other law for the time being in force and amenable to the revisional or appellate jurisdiction of the High Court shall be heard by a single Judge. " ( 6 ) A bare perusal of the said notifications do not leave any manner of doubt that the proviso appended to Rule 1 Chapter-II, Part -I of the Rules of the High Court at Calcutta, Appellate Side, Part-I remained untouched by the subsequent notification dated 25th April, 1997. Rule 1 of the said Rules provides for hearing all appeals other than First Appeals reference or revisions in respect of the order or decrees of any subordinate civil court. The amendment carried out in the said Rule in the notification dated 25th April, 1997 was evidently made in order to bring within the purview of the said Rule not only the appeal references and revisions but also orders passed by the Rent Controller or Tribunal or any other authority established by any other law for the time being in force and amenable to the revisional or appellate jurisdiction of the High Court. Only those appeals which come within the purview of Rule 1 aforementioned are required to be heard by a Single Judge. Rule 1 evidently makes an exception as regards the first appeals. The proviso appended to the said Rules has not been amended by reason of the said notification dated 25. 4. 97, and, thus, there cannot be any doubt whatsoever that all appeals from original orders made by the subordinate civil court arising out of suits and proceedings are required to be heard by a division bench. The said proviso is to be read as an independent provision or as an exception to the main rule. 4. 97, and, thus, there cannot be any doubt whatsoever that all appeals from original orders made by the subordinate civil court arising out of suits and proceedings are required to be heard by a division bench. The said proviso is to be read as an independent provision or as an exception to the main rule. In either event, the appeals from original orders have to be heard by a division bench and not by a single bench. ( 7 ) THE appeal was from an order passed by the Assistant District Judge, 1st Court, Barasat, granting an order of injunction. The said appeal was, therefore, maintainable in terms of Order 43 rule 1 (r) of the Code of Civil Procedure. In that view of the matter there cannot be any doubt whatsoever that such an appeal will have to be heard by a division bench and not by a single bench. The reference made to this court is answered accordingly. The matter may now be placed before an appropriate division bench. The parties shall pay and bear their own costs of this reference. P. S. Mishra, J.-I agree. S. K. Sen, J.-I agree. Answered accordingly