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march 2019

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.

Rajinder Tiwari vs Kedar Nath (Deceased) Through Lrs · Niyam