AIR 2001 RAJASTHAN 87 ::(2001) 1 WLC(RAJ) 129 ::2000 (3) RajLR 576 ::2000 (4) RajLW 142

Rajasthan High Court

Hon'ble Judge(s): N. N. Mathur, A. K. Singh , JJ

(A) Rajasthan High Court Ordinance (15 of 1949) , Cl.18— Letters Patent (Raj) , Cl.15— Special Appeal - It is nothing but intra Court appeal like Letters Patent Appeal - Stricto sense special appeal cannot be said to be substitute of Letters Patent Appeal but it is analogous to Letters Patent Appeal. Clause 18 of the Rajasthan High Court Ordinance, 1949 provides an intra Court appeal, known as Special Appeal. The provisions have continued even after coming into force of the Indian Constitution. The provisions of S. 18 of the Ordinance are pari materia with Clause 15 of the Letters Patent Act, which applies to the Bombay High Court and certain other High Courts. Thus, Special Appeal is nothing but intra Court appeal like Letters Patent Appeal. Thus, though stricto sensu, Special Appeal cannot be said to be substitute of Letters Patent Appeal but it can be said to be analogous to Letters Patent Appeal.(Para 18) (B) Rajasthan High Court Ordinance (15 of 1949) , Cl.18— Special Appeal - Is maintainable even against judgment of Single Judge in exercise of appellate jurisdiction against order of Original Civil Court - Bar is against order passed in exercise of appellate jurisdiction by Court subject to superintendence of High Court - It cannot thus be said that Special Appeal is maintainab....