Honble MATHUR, J.–At the motion stage, a question of wide ramification arises for consideration is whether the Special Appeal filed under Article 225 of the Constitution of India against the judgment of a learned Single Judge passed in an appeal preferred under Section 173 of the Motor Vehicles Act is not maintainable in view of Section 100-A introduced by the Code of Civil Procedure (Amendment) Act, 2002 with effect from 1.7.2002?

(2). The impact of Section 100A with respect to special appeals preferred under Section 18 of Rajasthan High Court Ordinance 1949, as stood before commencement of the Constitution and imported under Article 225 of the Constitution, against an original or appellate decree or order passed by the learned Single Judge after 1.7.2002 was examined by the Division Bench of this Court in UCO Bank vs. Roopa Ram (1), to which one of us (Mathur J.) was a party. The Division Bench held that in view of Section 100A of the Code of Civil Procedure (Amendment) Act 2002, appeals filed after 1.7.2002 are not maintainable and only such letters patent appeals saved are those filed prior to 1.7.2002 whether they have been admitted or not. The question in the instant appeal pe

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