- (1.) SINCE common question of law is involved in connection with maintainability of civil special appeal against the decision of the learned single judge, all these matters are disposed of by this common order.
(2.) ALL the special appeals are preferred against the decision of learned single Judge delivered in various civil misc. appeals. The civil misc. appeals were filed either under section 96 of Civil Procedure Code or under the provisions of Motor Vehicles act or against the order of E. I. Court or any other special statute. However, the fact remains that the learned single Judge has passed the orders on merits in various such single Bench civil misc. appeals. Therefore the question which arises for determination is whether the civil special appeal is maintainable against the decision of learned single Judge passed in civil misc. appeal, in view of provisions of section 100-A, civil Procedure Code and recent judgment of Jaipur Bench of this court in the case of rajasthan State Road Trans. Corpn. v. Vaibhav Kumar, 2008 ACJ 473 (Rajasthan ).
(3.) SO far as the D. B. Civil Spl. Appeal no. 01416 of 2007 is concerned, the same is filed against the order passed by the learned single Judge in Civil Misc. Appeal no. 1998 of 1994 and said appeal was preferred before the learned single Judge under the provisions of section 82 of the employees' State Insurance Act, 1948. As pointed out earlier, other appeals are filed against such other orders of learned single judge exercising the appellate jurisdiction. Since the matter is required to be decided on preliminary point of maintainability of these appeals, it is not necessary to examine the facts of each and every case. The basic question which requires consideration is whether such special appeals are maintainable in view of provisions of section 100-A, Civil Procedure Code?;