Summary
The Supreme Court remanded a permanent-injunction suit for a fresh trial because the defendant had been unjustifiably denied an adequate opportunity to file a written statement and supporting evidence. The resulting incomplete record prejudiced both parties, irrespective of which side had prevailed at different appellate stages. The suit was restored with permission for pleadings, additional evidence and documents, leaving substantive rights undecided.
Issues
- Whether the trial afforded a fair opportunity to contest.
- What corrective procedure was required after decisions on an inadequate record.
Held
- Closing the defence without adequate opportunity or justification prevented proper oral and documentary evidence. Decisions on the resulting insufficient record could not be sustained merely because different courts had favoured different parties. (¶ 14–18)
- The defendant’s legal representatives could file a written statement within one month of appearance. The trial court was to frame issues and permit both parties to supplement existing evidence and produce further documents. (¶ 19–20)
- The suit was to be decided independently of all earlier judgments in the case; the Supreme Court expressed no opinion on merits and directed completion within one year. (¶ 21–24)
Result
Appeals allowed. Impugned orders set aside and suit restored for fresh trial, with written statement and additional evidence permitted as directed. Trial to be completed within one year; substantive merits left open.