1. - When the case was taken up our attention was drawn to the order dated 22nd October. 2005 expressing doubts about maintainability of special appeals under Rule 134 of tae Rajasthan High Court Rules. We are given to understand by learned Counsel for the parties that the question as to maintainability of the appeal has not been raised and therefore not an issue in the appeal. We are of the view that unless a question or issue is raised by a party, there is no occasion to decide it sou motu on merit. In K. Vasudeuan v. Mohan N. Mali and others, (2002) 10 SCC 117 , the Hon'ble Apex Court in para 5 of the judgment observed as under :

"It is clear that before the High Court there was no challenge to the relaxation as such. What was contended was that the appellant before us had not put in 18 years of service in the senior scale and, therefore, he would not be entitled to the benefit of the relaxation. But the High Court went on further to examine the validity of the circular itself. In our view, such a course was not permissible for the High Court particularly when there is no challenge to the circular relaxing conditions........."
Counsel for the appellant in fact fairly states that appeal is infructuous. The appeal in the circumstances is dismissed.Appeal Dismissed.

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