MAHANAGARPALIKA vs SURESHBHAI BHANUBHAI THAKKAR

The Supreme Court held that the trial Court erred in closing the evidence of the defendant-appellant, Mahanagarpalika, Bhavnagar, without providing adequate opportunity to present its case, which resulted 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.