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

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

The denial of opportunity to file written statement and adduce evidence caused prejudice to both parties; hence, the case should be remanded to the trial court for fresh decision on merits after affording opportunity to all parties.

Parties
Appellant/plaintiff: Rajinder Tiwari; Respondents/defendants: Kedar Nath (deceased) through legal representatives & others
Jurisdiction
India
Judgment Date
28 March 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment Following Appeals From High Court Decision
Outcome
Appeals allowed; orders set aside; suit restored; case remitted to trial court for fresh trial.
Legal Topics
Right to File Written Statement, Fair Trial, Remand to Trial Court
Civil Procedure Right to File Written Statement Fair Trial Remand to Trial Court

Case Brief

Summary, issues, holding and outcome

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Parties

Rajinder Tiwari

Appellant/plaintiff

Kedar Nath (deceased) through legal representatives & others

Respondents/defendants

Procedural Posture

Civil Appeal / Supreme Court Judgment Following Appeals From High Court Decision

Legal Issues

  1. 1 Whether denial of opportunity to file written statement and adduce evidence prejudiced the parties and justified remand

Ratio Decidendi

The denial of opportunity to file written statement and adduce evidence caused prejudice to both parties; hence, the case should be remanded to the trial court for fresh decision on merits after affording opportunity to all parties.

Court Disposition

Appeals allowed; orders set aside; suit restored; case remitted to trial court for fresh trial.

Orders

  • Respondents granted liberty to file written statement within one month from appearance.
  • Trial court to frame issues and allow additional evidence/documents.