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february 2009

Supreme Court of India · 2009-02-27

Mahanagarpalika vs Sureshbhai Bhanubhai Thakkar & Anr

Citation / case number
AIRONLINE 2009 SC 442
Court
Supreme Court of India
Petitioner
Mahanagarpalika
Respondent
Sureshbhai Bhanubhai Thakkar & Anr
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the trial Court erred in closing the evidence of the defendant-appellant, Mahanagarpalika, without providing adequate opportunity to present its case, resulting in a miscarriage of justice. The Court emphasized that the High Court's dismissal of the first appeal was erroneous as it failed to recognize that only one opportunity was given to the defendant to adduce evidence. Consequently, the appeal was allowed, the impugned orders were set aside, and the trial Court was directed to rehear the suit and allow the defendant to present its evidence.

Mahanagarpalika vs Sureshbhai Bhanubhai Thakkar & Anr · Niyam