Honble KOKJE, J.–The office has pointed out defect in this appeal that the special appeal has been filed against an order dated 29.4.97, which has been passed on Misc. Application. Therefore, the special appeal is not maintainable under clause 18 of Rajasthan High Court Ordinance, 1949.

(2). We have heard learned counsel for the appellant on maintainability ofappeal. He submitted that the order, challenged in appeal, falls in the category of `judgment. He has also cited the decision of Supreme Court in Asrumati Debi vs. Kumar Rupendra Deb Raikot and others (1); a decision of Rajasthan High Court in Sampat Raj vs. Ladu Ram and others (2); and the decision of Supreme Court in Shah Babulal Khimji vs. Jayaben D. Kania and another (3).

(3). We find that the case in hand is distinguishable from the cases cited and the decisions do not support maintainability of this appeal. This appeal is preferred against the order rejecting an application filed under Order 45 Rule 13 C.P.C., by which the appellant prayed for stay of execution proceeding till 31st July, 1997 to enable them to file the Special Leave Petition before the Supreme Court and toobtain stay order in that appeal. The rejection of

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