OWNERS AND PARTIES INTERESTED IN M.V. "VALIPERO" ETC.ETC. vs FERNANDEO LOPEZ & ORS.

The Supreme Court held that the requirement of a witness' signature on a deposition under Rule 4 is directory, not mandatory, provided the correctness and authenticity of the deposition is undisputed. The Court emphasized that while the essential requirements of Rule 4 must be strictly complied with, the omission of a witness' signature does not invalidate the deposition. The appeals were allowed, and the suit was remanded to the learned Single Judge for a fresh decision, reinforcing that procedural rules should facilitate justice rather than obstruct it.