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2015 Supreme(All) 1144

D. Y. CHANDRACHUD, YASHWANT VARMA
COMMITTEE OF MANAGEMENT, PUBLIC INTER COLLEGE RABUPURA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rahul Jain for the Appellants; C.S.C. and Vinod Sinha for the Respondents.

JUDGMENT

By the Court.—The special appeal has arisen from an order of the learned Single Judge dated 1 September 2015, which reads as follows:

“Learned Standing Counsel prays for and is allowed a month’s time to file counter-affidavit. List thereafter.”

2. The issue as to whether a special appeal would lie against an interim order of this nature has been dealt with in a recent judgment of the Full Bench Ashutosh Shrotriya v. Vice-Chancellor, Dr. B.R. Ambedkar University, 2015(8) ADJ 248 (FB). The Full Bench observed as follows:

“We, accordingly, are of the view that a direction issued by the learned Single Judge in the course of the hearing of a writ petition, calling for the filing of a counter and a rejoinder or, in other words, for the completion of pleadings is a direction of a procedural nature, in aid of the ultimate progression of the case. The object and purpose of such a direction is to enable the Single Judge to have the considered benefit of a response to the petition so as to enable the Court to deal with an application of an interlocutory nature upon a fair consideration of the rival perspectives and eventually for the purpose of the disposal of the case at the final st







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