There may be an exceptional case where the parties proceed to trial fully knowing the rival case and lead all the evidence not only in support of their contentions, but in refutation of the case set up by the other side. Only in such circumstances, absence of an issue may not be fatal and a party may not be permitted to submit that there has been a mistrial and the proceedings stood vitiated. (Vide: Kalyan Singh Chouhan v. C.P. Joshi MANU/SC/0066/2011 : AIR 2011 SC 1127).
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IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 5710-5711 of 2012
Decided On: 04.02.2014
Arikala Narasa Reddy Vs. Venkata Ram Reddy Reddygari and Ors.
Hon'ble Judges/Coram:
B.S. Chauhan, Jasti Chelameswar and M. Yusuf Eqbal, JJ.
Citation:AIR 2014 SC 1290.
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