HIRANMAY BHATTACHARYYA,J. - (1.) At the time of hearing of the application for stay it appeared to us that the instant appeal can be disposed of only on a point of law and as such we invited the learned Advocates for the respective parties to address us on the merits of the appeal by treating the appeal as on the day's list with the consent of the parties.
(2.) The short question which falls for determination in the instant appeal is whether on deemed admission a mandamus can automatically be issued by a Writ Court exercising the powers of judicial review against a decision of an administrative authority.
(3.) In every action, the party against whom an action is brought has a right of defence. Such right of defence is recognised by the statutes. They also regulate the mode and time within which the statement of defence is to be presented. The time limit for filing of the statement of defence have also been fixed by the statutes. The courts may also upon being satisfied with the sufficiency of the cause shown by a party permit a party to present the statement of defence after expiry of the time limit by way of extension of time fixed by the statute. A party has a right to defend himself in an action, but the exercise of such right depends upon the choice of such party. A party to a litigation may choose either to file a statement of defence or not. A court cannot compel a party to file his statement of defence. In case a party against whom an action is brought does not appear or even after appearance chooses not to file a statement of defence, the Court is not denuded of its power to decide the fate of the proceeding ex parte on the basis of materials available on record.;