VidhiSangh

Supreme Court of India · 28/03/2019

RAJINDER TIWARI versus KEDAR NATH (DECEASED) THR. LRS. & ORS.

[2019] 5 S.C.R. 881 · 2019 INSC 414

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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

  1. Whether the trial afforded a fair opportunity to contest.
  2. What corrective procedure was required after decisions on an inadequate record.

Held

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.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 881.