TYAGI, J.

( 1 ) THIS special appeal has been filed by plaintiff Sampat Raj under Section 18 of the Rajasthan High Court Ordinance end Order 43, Rule 1 (w) of the Code of Civil procedure and is directed against the order of a learned single Judge of this Court dated 31st August, 1966 whereby the learned Judge granted the review application of the defendants-respondents and set aside his previous judgment dated 22nd February, 1966 passed in a second appeal filed by the defendants before this Court.

( 2 ) LEARNED counsel for the respondents has raised a preliminary objection that the appeal before the D. B. is not maintainable under Section 18 of the Rajasthan High court Ordinance as the appellant has failed to obtain a certificate of fitness under section 18 (2) of the Ordinance from the learned Judge.

( 3 ) MR. Hasti Mal appearing on behalf of the appellant has urged that the present appeal has been filed by him under Sub-section (1) of Section 18 of the Rajasthan high Court Ordinance read with Order 43 Rule 1 of the Code of Civil Procedure which provides an appeal to the D. B. against, the order of the learned single judge of this Court. He also argued that the learned s