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2000 Supreme(Raj) 561

N.N.MATHUR, AMRESH KUMAR SINGH
Mohan Lal – Appellant
Versus
Lal Chand – Respondent


Advocates Appeared:
L.R. Mehta, for Appellants M. Mridul, Sr. Advocate and D.S. Shishodia Sr. Advocate for Intervenors Vineet Kothari, for Respondents

Honble MATHUR, J.–The Division Bench of this court (Coram Honble Mr. Justice R.R. Yadav and Honble Mr. Justice A.S. Godara, as his lordship then was) considered the following prima facie substantial and intricate questions as of general importance in these appeals:

``1. Whether provision for special Appeals can be said to substitute of letters patent after enforcement of the Constitution?

2. Whether special Appeal is maintainable only against those matters which originally originate in the High Court with an avowed object to check and balance?

3. Whether provision relating to life of an ordinance enshrined under Government of India Act 1935 and thereafter under the Constitution are applicable to the Rajasthan High Court Ordinance 1949. If so, its effect in filing Special Appeals after expiry of six months from the date of issuance of Rajasthan High Court Ordinance, 1949?

4. Whether Special Appeals can be filed under Section 18 of Rajasthan High Court Ordinance, 1949 even in those proceedings and suits which originate in subordinate civil courts or tribunals against which writ petition is filed under Article 227 of the Constitution?

5. Whether Special Appeals under Section 18 of Rajastha















































































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