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Civil · Reportable judgment

Rajinder Tiwari vs Kedar Nath (Deceased) Thr. Lrs. & Ors.

Court
Supreme Court of India
Date
28 March 2019
Case No.
Civil Appeal Nos.3282-3283 of 2019
Result
Allowed
Bench
Abhay Manohar Sapre, Dinesh Maheshwari
Citation
[2019] 5 S.C.R. 881 : 2019 INSC 414
Supreme Court Reports [2019] 5 S.C.R. 881 : 2019 INSC 414
Headnote

Suit – Appellant-plaintiff filed suit for permanent injunction against the respondent-defendant in relation to the suit property – Defendant’s right to file the written statement was closed – Suit decreed – First appeal filed by the defendant – Dismissed – Second appeal filed by the defendant – Allowed – Held: No justifiable reason to deny the defendant of his right to file the written statement – Trial in the suit was not done satisfactorily inasmuch as the defendant was not afforded an adequate opportunity to file his written statement – In the absence of any written statement, the defendant could neither adduce proper evidence nor file any documentary evidence in support of his case – Rights of the parties were, therefore, decided by the two Courts (Trial Court and First Appellate Court) by decreeing the suit and the High Court by dismissing the suit on the basis of insufficient evidence, which caused prejudice to both the parties – All the contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law – Impugned orders set aside – Matter remitted to the Trial Court for deciding the civil suit afresh on merits in accordance with law.

Allowing the appeals, the Court

Read the full headnote (2 more paragraphs)

HELD: 1.1 The trial in the suit has not been done satisfactorily inasmuch as the defendant was not afforded an adequate opportunity to file his written statement. In the absence of any written statement, the defendant could neither adduce proper evidence nor file any documentary evidence in support of his case. The rights of the parties were, therefore, decided by the two Courts (Trial Court and First Appellate Court) by decreeing the suit and the High Court by dismissing the suit on the basis of insufficient evidence. It caused prejudice to both the parties. No justifiable reason is found to deny the defendant of his right to file the written statement. He was entitled to file the written statement and to adduce oral and documentary evidence for contesting the suit on merits. All the contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law. Matter is remitted to the Trial Court for deciding the civil suit afresh on merits in accordance with law. The respondents herein (legal representatives of original defendant) are accordingly granted liberty to file their written statement within one month from the date of their appearance in the suit. The Trial Court will thereafter frame issues arising in the suit on the basis of the pleadings of the parties and then allow the parties to adduce their evidence in addition to the evidence already adduced. The parties will also be allowed to file additional documents, if they so wish. [Paras 14-20][884-E-H]

1.2 The Trial Court will decide the suit on the basis of the pleadings and the evidence adduced by the parties uninfluenced by any judgment passed by the Courts in this Case on the earlier occasion. No opinion expressed any on the merits of the issue while having formed an opinion to remand the case to the Trial Court. The trial be completed within one year. The impugned orders are set aside and the suit is restored to its original file for being tried on merits. [Paras 21-24][885-C-E]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. These appeals are directed against the final judgment and order dated 03.11.2016 passed by the High Court of Delhi at New Delhi in R.S.A. No.188 of 2010 whereby the High Court allowed the RSA filed by the respondents herein and order dated 26.04.2017 in CM(Application) No.46865 of 2016 by which the High Court dismissed the application for re-hearing of the second appeal filed by the appellant herein. 3. A few facts need mention hereinbelow for the disposal of the appeals, which involve a short point. 4.
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