- (1.) This is an intra court Special Appeal filed by the Plaintiff under Section 18 of the Rajasthan High Court Ordinance (for short hereinafter called "the ordinance" for brevity) against the judgment and decree dated 1.11.2001 passed by Single Judge in Civil First Appeal No. 112 of 85 which in turn arise out of judgment and decree dated 17.8.85 passed in Misc. Case No. 39 of 73 by District Judge, Bikaner.
(2.) In order to appreciate the issue involved in the appeal, it is necessary to state the relevant facts in brief.
(3.) The Appellant is the Plaintiff whereas the Respondents are the Defendants. The Appellant filed a civil suit in the Court of District Judge, Bikaner out of which this appeal arises against the Respondents for recovery of Rs. 11,000/-. The District Judge dismissed this suit by judgment/decree dated 17.8.85. The Appellant feeling aggrieved by the dismissal, filed. First Appeal under Section 96 of Code of Code of Civil Procedure to this Court, being First Appeal No. 112 of 85. The Single Judge dismissed the appeal. It is against this appellate judgment/decree, the Plaintiff feeling aggrieved filed this intra court appeal under Section 18 of the Ordinance. This appeal was filed on 18.12.2001. It was admitted for final hearing on 28.1.2003.;