1998 Supreme(SC) 657

SUPREME COURT OF INDIA
B.N. KIRPAL AND A.P. MISRA, JJ.
The Yadavindra Public School Association, Appellant
Versus
State of Punjab and others, Respondents.
Civil Appeal No. 3376 of 1998 (arising out of S. L. P. (C) No. 21043 of 1997), D/- 17-7-1998.

Opportunity to respondent to file an affidavit and decide the case on merits when serious allegations of mala fides are raised.

Headnote:

Mala Fides - Writ Petition - Opportunity to Respondent - Setting Aside High Court Judgment

Fact of the Case:

Serious allegations of mala fides raised in the writ petition. High Court dismissed the writ petition without notice to the respondent.

Finding of the Court:

The court found it inappropriate for the High Court to dismiss the writ petition without giving an opportunity to the respondent to file an affidavit and decide the case on merits. The judgment of the High Court was set aside, and the case was restored to the file of the High Court for decision in accordance with the law. Appellant should not be dispossessed pending disposal of the writ petition.

Issues: Allegations of mala fides, dismissal of writ petition without notice to respondent.

Ratio Decidendi: When serious allegations of mala fides are raised and the person against whom the allegations are made has been impleaded as a respondent, it is appropriate to give an opportunity to the person concerned to file an affidavit and then decide the case on merits.

Final Decision: Judgment of the High Court set aside, and the case restored to the file of the High Court for decision in accordance with the law. Appellant should not be dispossessed pending disposal of the writ petition.