KUDAL, J.—This special appeal under section 18 of the Rajasthan High Court Ordinance, 1949, is directed against the judgment of the learned Single Judge dated May 9, 1977.

2. Learned counsel for the respondent decree-holder has raised preliminary objection that the appeal is not maintainable in view of the provisions of the Code of Civil Procedure (Amendment) Act, 1976 (hereinafter referred to as the Amending Act), which came into force from February 1, 1977. It was contended that by the Amending Act the definition of "decree" in Section 2 (2) of the Code of Civil Procedure has been amended and the words "Section 47 or" have been deleted as a result of which any order passed under Section 47 of the Code of Civil Procedure is, therefore, not appealable. It was further contended that the intention of the Amending Act is to shorten the litigation and not to allow it to be prolonged unnecessarily in execution matters. It was further contended that in view of the recent amendment, order passed under Section 47, CPC now does not amount to a decree and, therefore, is not appealable as such. It was further contended that though the right of appeal being a substantive right, and the institut

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