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Supreme Court of India 2019-03-28 allowed

Rajinder Tiwari vs Kedar Nath (Deceased) Thr. L.Rs. & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A plaintiff sued for permanent injunction against a defendant whose right to file a written statement was closed by the trial judge, preventing him from presenting his defence. The trial court decreed the suit; the first appeal upheld it; but the High Court allowed the defendant's second appeal and dismissed the suit. The Supreme Court held that denying the defendant his right to file a written statement and adduce evidence violated procedural fairness. The Court remitted the case to the trial court for a fresh trial on merits, reaffirming that all parties must receive fair opportunity to contest on merits regardless of outcome.

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Civil Procedure Trial Practice Natural Justice Right to Defense Procedural Fairness Remand

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