In Brief
A plaintiff sued for recovery of damages after defendants allegedly demolished his construction. The defendants failed to file a written statement despite being granted time, and the Trial Court proceeded ex parte, decreeing the suit. The High Court set aside both lower court judgments, remanded the case for fresh trial, and imposed Rs. 11,250 cost on defendants as a pre-condition to file written statement. The plaintiff appealed, arguing the remand order was unjust. The Supreme Court dismissed the appeal, holding that imposing reasonable cost while allowing defendants to contest the suit on merits balances justice to both parties and upholds the fundamental principle that no one should be condemned unheard."
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