DIAMOND TRANSPORT CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is most unfortunate that respondents Nos. 1 and 2 who have on their appointment list a number of solicitorrs and number of advocates also chose not to appear in this court to assist the court and put proper facts in order that correct judgment on facts could be arrived at. It is the primary duty of the State to see that- the litigation to which they are parties are attended by them effectively and properly. This is required to be stated in this petition because in several matters it is found that affidavits-in-reply are not filed in proper time and in some matters replies are not at all filed. In several matters nobody bothers to appear when the notices are issued and as a result the court is left with no option except the one by which the court has to admit the matters and the result is that the State Government which has the highest number of matters in this court when chooses not to attend to their matters in good time the inevitable result which follows is that the court has to decide the matter with whatever facts the petitioner chooses to put on record. The law on the point is that whatever is stated if not control verted is likely to be accepted as correct unless the plain reading of the petition discloses such a defect by Which one can come to the conclusion that though the facts stated are not controverted they could be construed to be false. Unless such a situation arises, the allegations made are required to be assumed to be correct.