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april 2009

Supreme Court of India · 2009-04-13

M/S.Foodworld Super Markets Ltd. & Anr vs H.Sujan Singh & Ors

Citation / case number
AIR 2009 SC (SUPP) 2249
Court
Supreme Court of India
Petitioner
M/S.Foodworld Super Markets Ltd. & Anr
Respondent
H.Sujan Singh & Ors
Bench
H.L. Dattu, Tarun Chatterjee

Judgment text excerpt

The Supreme Court allowed the appeal under Article 227 of the Constitution of India, setting aside the High Court's dismissal of the writ petition that sought to recall the plaintiff's witness for cross-examination. The Court found that the defendants' explanation for their absence during the trial was satisfactory and bona fide, and that the denial of cross-examination resulted in grave prejudice to their defense. The trial court was directed to permit the cross-examination and expedite the disposal of the suit within six months.

M/S.Foodworld Super Markets Ltd. & Anr vs H.Sujan Singh & Ors · Niyam