Supreme Court of India

Rajinder Tiwari v. Kedar Nath (deceased) Thr. Lrs. & Ors.

Neutral citation
Reported as [2019] 5 S.C.R. 881
Bench Abhay Manohar Sapre and Dinesh Maheshwari JJ.
Decided 28 March 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that these appeals deserve to be allowed and matter is remitted to the Trial Court for deciding the civil suit afresh on merits in accordance with law.

Judgment, page 5

From the headnote

Suit – Appellant-plaintiff filed suit for permanent in junction 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 ina smuch as the defendant was not afforded an adequate opportunity to file his written statement – In the absence of any written s tatement, the

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