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september 2017

Supreme Court of India · 2017-09-05

SIDDALINGAYYA vs GURULINGAPPA .

Citation / case number
SC 2005/29130
Court
Supreme Court of India
Petitioner
SIDDALINGAYYA
Respondent
GURULINGAPPA .
Author
HON'BLE MR. JUSTICE R.K. AGRAWAL
Bench
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision to remand the case to the Trial Court for a fresh hearing, emphasizing that the defendants were not given sufficient opportunity to file their written statement, which prejudiced their defense. The Court noted that the Trial Court's failure to grant adequate time constituted a denial of natural justice. The High Court's imposition of costs on the defendants as a condition for filing their written statement was also affirmed, ensuring the plaintiff's interests were protected.

SIDDALINGAYYA vs GURULINGAPPA . · Niyam