MATHUR, J. - (1.) The Division Bench of this Court (Coram Hon'ble Mr. Justice R.R. Yadav and Hon'ble Mr. Justice A.S. Godara, as his Lordship then was) considered the following prima facie substantial and intricate questions as of general importance in these appeals: " 1. Whether provision for special Appeals can be said to substitute of letters patent after enforcement of the Constitution? 2. >Whether special Appeal is maintainable only against those matters which originally originate in the High Court with an avowed object to check and balance? 3. Whether provision relating to life of an ordinance enshrined under Government of India Act 1935 and thereafter under the Constitution are applicable to the Rajasthan High Court Ordinance 1949. If so, its effect in filing Special Appeals after expiry of six months from the date of issuance of Rajasthan High Court Ordinance 1949? 4. Whether Special Appeals can be filed under S. 18 of Rajasthan High Court Ordinance, 1949 even in those proceedings and suits which originate in subordinate Civil Courts or tribunals against which writ petition is filed under Articles 227 of the Constitution? 5. Whether Special Appeals under S. 18 of Rajasthan High Court Ordinance 1949 are maintainable against first Appeals decided by learned Single Judge of this Court under S. 96 CPC and Misc. appeals decided by Single Bench under S. 173 of Motor Vehicles Act? 6. Whether there is distinction between a writ petition filed under Article 226 and a writ petition filed under Article 227 of the Constitution arising out from subordinate Courts or tribunals and both can be treated to have originated before High Court in its original jurisdiction?"
(2.) A general notice was given to the learned members of the Bar to assist the Court in deciding the aforesaid question, if they so wish.
(3.) We have heard Mr. L.R. Mehta, Mr. M. Mridul, Senior Advocate, Mr. D.S. Shishodia, Senior Advocate and Mr. Vineet Kothari.;