SHYAM SUNDER SETIA Vs. DURGESH NAGPAL

JUDGEMENT

(1.) When the case was taken up our attention was drawn to the order dated 22nd October. 2005 expressing doubts about maintainability of special appeals under Rule 134 of tae Rajasthan High Court Rules. We are given to understand by learned Counsel for the parties that the question as to maintainability of the appeal has not been raised and therefore not an issue in the appeal. We are of the view that unless a question or issue is raised by a party, there is no occasion to decide it sou motu on merit. In K. Vasudeuan Vs. Mohan N. Mali and others, (2002) 10 SCC 117 , the Honourable Apex Court in para 5 of the judgment observed as under :