N.N. Mathur, J.-This special appeal is directed against the judgment of the learned Single Judge dated 3-1-2003 (reported in 2003 AIHC 1273) affirming the judgment and decree dated 20-4-1995 passed by the Additional District Judge No. 2, Jodhpur in Civil Original Suit No. 263/1994.

2. Mr. L.R. Mehta, learned counsel appearing for the respondent has raised preliminary objection with respect to the maintainability of the special appeal in view of the prohibition provided by Section 100-A of the Code of Civil Procedure as amended by C.P.C. (Amendment) Act, 1999 and C.P.C. (Amendment) Act, 2002 read with Section 32 of the C.P.C. (Amendment) Act, 1999. In view of the importance of the question raised a general notice inviting assistance of the lawyers whosoever desires of throwing light on the aforesaid issue about the maintainability of appeal with respect to the orders passed by the learned Single Judge in exercise of ordinary civil jurisdiction in the matters arising under the Code of Civil Procedure before and after 1-7-2002 was given. On the request of the learned counsel for the parties, D.B. Civil Special Appeal No. 75/2002 Dataram Ramesh Kumar vs. DIG, BSF and D. B. Civi