1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : D.B. CIVIL SPECIAL APPEAL NO.87/2002 (Smt. Kulwant Kaur Vs. Ummed Ali & Ors.) Date of Judgment : 29.03.2010 P R E S E N T HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Varun Goyal, for the appellant. Mr. Anil Bachawat, for the respondents. Mr. Sanjeev Johari, for National Insurance Co. Ltd. Heard learned counsel for the parties. At the threshold, it is brought to the notice of the Court by learned counsel for the respondents that in view of the judgment rendered by Hon'ble Division Bench of this Court in case of R.S.R.T.C. Vs. Vaibhav Kumar & 29 Ors., reported in 2007 (2) WLC 748, this special appeal is not maintainable. We have perused the judgment cited by learned 2 counsel for the respondents. Upon perusal of the aforesaid judgment, it is revealed that Coordinate Division Bench of this Court has held that the date on which the appeal was instituted, there was no provision in existence to entertain the appeal because embargo was imposed by legislation under Section 100A of Civil Procedure Code. In this view of the matter, while following the aforesaid judgment, this special appeal which is obviously filed on 1.8.2002 is not maintainable and hence, the same is hereby dismissed. (GOPAL KRISHAN VYAS), J (A.M. KAPADIA), J arun