R.M.LODHA, J. - (1.) In this group of 30 Special Appeals, the specific question that needs to be considered by us is whether the right of special appeal from the judgment/order of the single Judge passed in appeal under Section 173 of the Motor Vehicles Act, 1988 has been taken away by Section 100A of the Code of Civil Procedure amended vide Act 22 of 2002 which came into effect from 1st July. 2002.
(2.) Some of the matters out of this group came up for admission on 12th February, 2007. At the time of motion hearing, the Division Bench presided over by one of us (R. M. Lodha, J.) expressed doubt about the maintainability of such appeals in view of Section 100A of the Code of Civil Procedure.
(3.) The issue being an important one in law, a general notice was given to the members of the Bar and the Rajasthan High Court Bar Association to assist the Court, if they so desired. Consequently, the entire group of these special appeals has been posted before us for consideration of the aforesaid question.;