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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
SC 2003/14822
Court
Supreme Court of India
Petitioner
AMEER TRADING CORPORATION LTD.
Respondent
SHAPOORJI DATA PROCESSING LTD.
Author
S.B. Sinha
Bench
CJI,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 while Order 18 Rule 4 allows for evidence by affidavit, it must be harmonized with Order 18 Rule 5 in appealable cases. The Court upheld the lower court's decision to accept evidence on affidavit, stating that the appellant would still have the opportunity to cross-examine the plaintiff and witnesses, thus causing no prejudice. The appeal was dismissed, affirming the High Court's order.

AMEER TRADING CORPORATION LTD. vs SHAPOORJI DATA PROCESSING LTD. · Niyam