Case Note & Summary
The appellant, Rajinder Tiwari, as plaintiff filed a civil suit for permanent injunction against the original respondent, Kedar Nath (now deceased, represented by legal representatives), in the Court of Senior Civil Judge, Delhi. The defendant's right to file a written statement was closed by the trial court, and he could only cross-examine the plaintiff's witnesses without his defence. The trial court decreed the suit in favor of the plaintiff. The first appellate court upheld the decree. The defendant filed a second appeal in the Delhi High Court, which allowed the appeal and dismissed the plaintiff's suit. The plaintiff then filed an application for rehearing, which was dismissed. The plaintiff appealed to the Supreme Court. The Supreme Court found that the trial was unsatisfactory because the defendant was denied the opportunity to file a written statement and adduce evidence. The Court held that all parties must get a fair opportunity to contest the suit on merits. Accordingly, the Supreme Court allowed the appeals, set aside the impugned orders, and remanded the case to the trial court for fresh trial on merits. The defendant's legal representatives were granted one month to file a written statement, and the trial court was directed to frame issues and allow parties to adduce evidence, including additional documents. The trial was to be completed within one year.
Headnote
A) Civil Procedure - Right to File Written Statement - Denial of Opportunity - The defendant's right to file written statement was closed by the trial court, preventing him from adducing evidence - The Supreme Court held that all contesting parties must get a fair opportunity to contest the suit on merits - A decision rendered without proper opportunity is not legally sustainable (Paras 14-18). B) Civil Procedure - Remand for Fresh Trial - Fair Trial - The trial was unsatisfactory as the defendant could not file written statement or adduce proper evidence - The Supreme Court set aside the impugned orders and remanded the case to the trial court for fresh trial on merits, granting the defendant one month to file written statement (Paras 19-21).
Issue of Consideration
Whether the High Court was justified in allowing the defendant's second appeal and dismissing the plaintiff's suit when the defendant was denied the opportunity to file a written statement.
Final Decision
Appeals allowed. Impugned orders set aside. Suit restored to original file for fresh trial on merits. Defendant's legal representatives granted one month to file written statement. Trial court to frame issues and allow parties to adduce evidence. Trial to be completed within one year. Parties to appear on 02.04.2019.
Law Points
- Right to file written statement
- Fair opportunity of hearing
- Remand for fresh trial
- Civil Procedure Code Order 8 Rule 1
