Breaking Supreme Court Legal Update
New Delhi · Friday, 07 August 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
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

The plaintiff sued the defendant for a permanent injunction. The defendant's right to file a written statement was closed by the trial court, preventing him from submitting his defence. The trial court decreed the suit, the first appellate court upheld it, but the High Court set it aside for insufficient evidence. The Supreme Court held that the trial was fundamentally defective because the defendant was denied an adequate opportunity to file a written statement and present evidence. The Court allowed the appeals and remitted the case for a fresh trial on merits, granting the defendant the right to file a written statement and present his case properly.

The lawyer headnote and full judgment text are available to registered users.

Civil Procedure Right to be Heard Trial Remand

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login