Supreme Court of India · 2019-03-28
Rajinder Tiwari vs Kedar Nath (Deceased) Through Lrs
- Citation / case number
- AIR 2019 SUPREME COURT 1659
- Court
- Supreme Court of India
- Petitioner
- Rajinder Tiwari
- Respondent
- Kedar Nath (Deceased) Through Lrs
- Author
- Abhay Manohar Sapre
- Bench
- Dinesh Maheshwari, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing the defendant's second appeal and dismissing the plaintiff's suit, as the defendant was denied the opportunity to file a written statement and present evidence. The Court emphasized the necessity of a fair trial, stating that the rights of both parties were prejudiced due to insufficient evidence being considered. Consequently, the Court remanded the case to the Trial Court for a fresh trial on merits, ensuring that the defendant could fully participate in the proceedings as per established legal principles.