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august 2005

Supreme Court of India · 2005-08-02

Salem Advocate Bar Association, Tamil ... vs Union Of India (Uoi)

Citation / case number
AIR2005SC3353
Court
Supreme Court of India
Petitioner
Salem Advocate Bar Association, Tamil ...
Respondent
Union Of India (Uoi)
Author
Y.K. Sabharwal
Bench
D.M. Dharmadhikari, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the constitutional validity of amendments to the Code of Civil Procedure introduced by the Amendment Acts of 1999 and 2002, specifically addressing Section 26(2) and Order VI Rule 15(4), which require affidavits to accompany pleadings. The Court emphasized that these amendments enhance the responsibility of the deponent regarding the truth of the pleadings but clarified that such affidavits do not constitute evidence for trial purposes. The Court also validated the amendment of Order XVIII Rule 4, allowing examination-in-chief via affidavit while preserving the right to cross-examine in open court, thus promoting efficient case management and alternative dispute resolution as per Section 89 of the Code.

Salem Advocate Bar Association, Tamil ... vs Union Of India (Uoi) · Niyam