DISTRICT BASIC EDUCATION OFFICER ETAWAH Vs. DHANANJAI KUMAR

JUDGEMENT

(1.) THIS Special Appeal has been filed against the order dated 14. 09. 2005 of the learned Single Judge, by which the application for recalling the order dated 15. 02. 2005 passed in Writ Petition No. 24957 of 1999, has been rejected.

(2.) THE facts and circumstances giving rise to this case are that the aforesaid writ petition was dismissed vide order dated 15. 02. 2005. THE application for recall was filed only on the ground that the present appellants could not file the counter affidavit. However, the learned Single Judge rejected the said application on the ground that recall of the order was not permissible on such a ground. Hence the present appeal.

(3.) IN State of Punjab v. V. P. Duggal & Ors. , AIR 1977 SC 196, the Hon'ble Apex Court held that the Court has no right to force a party to file the counter affidavit. It is the will of the party to file the pleadings or not. Court may draw adverse inference or pass any order but it is not proper for the Court to issue any direction to a party to file the counter affidavit.