Facts
On August 3, 2011, Bank X. notified A. of a payment order for the sum of CHF 196,333.75, without interest, based on certificates of loss of assets issued on July 20, 1988 by the Bankruptcy Office of Cully. The debtor filed a total objection, pleading his inability to pay.
On January 5, 2012, the District Judge III of Sion declared the objection inadmissible up to the amount of CHF 14,161.20, allocated the costs, set at CHF 600, for 1/3 to the debtor and for 2/3 to the creditor, ordered the debtor to pay the creditor the sum of CHF 200 as reimbursement of the advance, and ordered the creditor to pay the debtor an indemnity of CHF 400 as costs.
Bank X. appealed against this decision to the Cantonal Court of the Canton of Valais, requesting the reform of points 2, 3 and 4. The President of the Civil Chamber of the Cantonal Court of Valais transmitted the appeal to the Federal Tribunal, pursuant to Art. 48 para. 3 2nd sentence LTF, since the "judgment [challenged] is not subject to any ordinary or extraordinary cantonal appeal".
Considerations
The Federal Tribunal considered that the appeal was admissible, as the decision rendered in summary proceedings on the return to better fortune is "not subject to any appeal" (cantonal) according to Art. 265a para. 1 LP. However, when only the allocation of costs and expenses of the first instance proceedings is…