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november 2003

Supreme Court of India · 2003-11-18

Ameer Trading Corporation Ltd vs Shapoorji Data Processing Ltd

Citation / case number
AIR 2004 SUPREME COURT 355
Court
Supreme Court of India
Petitioner
Ameer Trading Corporation Ltd
Respondent
Shapoorji Data Processing Ltd
Author
S.B. Sinha
Bench
Chief Justice, S.B. Sinha, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court interpreted Order 18 Rules 4 and 5 of the Code of Civil Procedure, holding that the provisions allow for the acceptance of evidence by affidavit even in appealable cases, thus affirming the lower court's decision to accept such evidence. The Court emphasized that the appellant's right to cross-examine the plaintiff and witnesses mitigated any potential prejudice. The appeal was dismissed, upholding the High Court's ruling that the trial court's discretion was appropriately exercised in this context.

Ameer Trading Corporation Ltd vs Shapoorji Data Processing Ltd · Niyam