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Rajinder Tiwari v. Kedar Nath (Deceased) Thr. L.Rs. & Ors.

Civil Appeal · 2019 INSC 414Decided 28 Mar 2019
Civil Appeal Nos. 3282-3283 of 2019
Justice Abhay Manohar Sapre · Justice Dinesh Maheshwari

Background

The appellant (plaintiff) sued for a permanent injunction over a property, but the defendant's right to file a written statement was closed by the trial court, leaving him unable to present his defence or any documentary evidence: he could only cross-examine the plaintiff's witnesses. The trial court decreed the suit in the plaintiff's favour, the first appellate court upheld it, but the Delhi High Court later allowed the defendant's second appeal and set the decree aside.

Decision Breakdown

The Supreme Court found that denying the defendant any opportunity to file a written statement or lead evidence had caused real prejudice and that all parties to a suit are entitled to a fair opportunity to contest it on the merits in accordance with law, regardless of who the outcome ultimately favours. It allowed the appeals, set aside the High Court's order, and restored the suit to the trial court for a fresh trial on merits, directing that the defendant be permitted to file a written statement, both sides be allowed to lead additional evidence, and the trial be completed within one year, while expressing no opinion on the underlying merits.

Lesson Learnt

A court decision reached without giving a party a genuine chance to put forward its defence is not sustainable, no matter which side initially benefits from it: procedural fairness to both sides is essential and can require restarting a case from the trial stage even years later.

Official source (sci.gov.in)View Judgment (PDF)

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