1. - Common question is involved in all the above mentioned four special appeal as to what is the effect if the memorandum of appeal presented after expiry of period of limitation specified therefor is not accompanied by an application supported by an affidavit as required under Order 41 Rule 3-A of the Civil Procedure Code? Whether order 41 Rule-z-A of the Code of Civil Procedure is mandatory or directory? Other questions are involved which are also common and therefore all the four special appeals listed above are being disposed of by this common judgment.

2. The learned Single Judge under his order dated January 28. 1985 decided five writ petitions in which clause (a) of sub-rule (2) of rule 8 of RSR was under challenge. The learned Judge held that the aforesaid clause is arbitrary and unreasonable and is violative of the right to equality guaranteed under Articles 14 and 16 of the Constitution and therefore, it cannot be upheld and must be struck down The effect of aforesaid view was that except S.B. Civil Writ Petition No. 634/82 Karrar Singh v. State of Rajasthan and others , the other four writ petitions were allowed and the orders rejecting the representation of th