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.