In Brief
Rajinder Tiwari filed a suit for permanent injunction against Kedar Nath. The trial court closed the defendant's right to file a written statement, preventing him from adducing evidence. Despite this procedural violation, the trial court decreed the suit. The High Court reversed on a second appeal, citing insufficient evidence. The Supreme Court held that denying a defendant fair opportunity to file a written statement and adduce evidence violates natural justice. The Court emphasised that all parties must get fair trial opportunity on merits. The judgment was set aside and the case remanded to the trial court for fresh adjudication, with the defendant now granted full procedural rights to file written statement and evidence.
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