The State is expected to meet all just and honest claims of a citizen, even if they are barred by time.

( 1 ) THIS second appeal, by the State Government, arises out of the appellate judgement and decree dt. 14-3-1978, passed by the Addl. District Judge, Ratlam, in Civil Regular Appeal No. 534 of 1976.

( 2 ) RESPONDENT is a teacher. He instituted a suit for declaration that he was entitled to the salary of a trained graduate teacher from June, 1963, as he had acquired the requisite qualification at that time. The suit was filed in the year, 1971.

( 3 ) DEFENDANT appellant-State resisted the suit and prayed for its dismissal. Trial Court dismissed the same, while the lower appellate Court decreed the suit declaring the plaintiff-respondent to be entitled to the salary, as claimed by him.

( 4 ) THIS appeal was admitted on the following substantial question of law :"whether, considering the facts and circumstances of the case, the learned lower appellate Court has correctly decided the case in accordance with law ?"

( 5 ) TWO points have been raised by Shri Jain, learned Dy. Government Advocate, appearing for the appellant State, firstly, that the lower appellate Court erred in permitting additional evidence at the appellate stage, and secondly, the lower appellate Court misconstrued the pleadings of the defendant-appellant and came to an erroneous conclusion that for want of specific denial, the case as pleaded by the plaintiff was admitted by the defendant-State. It was also urged that as a result of non-production of certain documents, an adverse inference was drawn against the appellant-State, which in the circumstances of the case, could not have been legally drawn.

( 6 ) SO far as the question of admission of additional evidence at the appellate stage is concerned, it may be noted that the plaintiff - respondent, who was appellant before the lower appellate Court, had moved an application under O. 41, R. 27, C. P. C. , on 18-2-1978. The documents filed along with this application were nothing but certified copy of a judgement of this Court in Civil Second Appeal No. 84 of 1973, photostat copies of Diplomas, certificates and the Degree of Bachelor of Arts, obtained by the plaintiff-respondent and a copy of the plaintiff's appointment order dt. 31-10-1966, duty attested by the Assistant District Inspector of Schools, Jaora. The veracity of these documents has not been disputed by the appellant State before the lower Court. The lower appellate Court having considered these documents, in para 14 of the impugned judgement, came to the conclusion that the documents were necessary for a just decision of the case. There is no ground for interfering with the discretion exercised by the lower appellate Court, considering the nature of the documents and the reasons assigned by the Court below.

( 7 ) THE other point, which the learned Dy. Government Advocate for the appellant State has raised is about pleadings. It is a settled law that denial of any fact averred by the plaintiff must be specific. In absence of any specific denial, the inference as has been drawn by the lower appellate Court, cannot be assailed on any legitimate grounds. It is not disputed that the rule of 'traverse' permits such an inference. In these circumstances this ground, which is raised by the learned counsel is of no avail to the appellant State.

( 8 ) THE other ground, which remains to be considered is regarding non-production of documents by the appellant State and an adverse inference drawn by the lower appellate court for such non-production. So far as the State is concerned, now that it has been held to be a virtuous litigant See Madras Port Trust v. Hymanshu International, AIR 1979 SC 1144, it does not behave the State Govt. to keep back even any such document, the production of which may possibly not be in its own interest, yet necessary for a just decision of the case. Withholding of documentary evidence for a litigant, professed and held to be a virtuous, can hardly be said to be desirable. In this connection the observations made by thei