AMEER TRADING CORPORATION LTD. versus SHAPOORJI DATA PROCESSING LTD.

AMEER TRADING CORPORATION LTD. versus SHAPOORJI DATA PROCESSING LTD.

Order 18 Rule 4 of the Code of Civil Procedure, 1908 applies to all cases—appealable and non-appealable—for examination-in-chief by affidavit, with no distinction. The legislative intent and purpose are to curtail court time and allow affidavits. Rule 5 does not override Rule 4 in appealable cases; both must be harmoniously construed. Presence of a party during examination-in-chief is not imperative; objections to affidavit evidence are permissible. Cross-examination may occur in open court.

Parties
Appellant: Ameer Trading Corporation Ltd.; Respondent: Shapoorji Data Processing Ltd.
Jurisdiction
India
Judgment Date
18 November 2003
Procedural Posture
Civil Appeal / Final Supreme Court Disposition
Outcome
appeal dismissed
Legal Topics
Order 18 Rule 4, Examination in Chief by Affidavit, Recording Evidence, Appealable and Non Appealable Cases, Interpretation of Statutes
Civil Procedure Order 18 Rule 4 Examination in Chief by Affidavit Recording Evidence Appealable and Non Appealable Cases Interpretation of Statutes

Case Brief

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Parties

Ameer Trading Corporation Ltd.

Appellant

Shapoorji Data Processing Ltd.

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Disposition

Legal Issues

  1. 1 Whether Order 18 Rule 4 of CPC mandates examination-in-chief by affidavit in appealable cases.
  2. 2 Whether Order 18 Rule 5 overrides Rule 4 in appealable cases.
  3. 3 Purposive and harmonious interpretation of Order 18 Rules 4 and 5.

Ratio Decidendi

Order 18 Rule 4 of the Code of Civil Procedure, 1908 applies to all cases—appealable and non-appealable—for examination-in-chief by affidavit, with no distinction. The legislative intent and purpose are to curtail court time and allow affidavits. Rule 5 does not override Rule 4 in appealable cases; both must be harmoniously construed. Presence of a party during examination-in-chief is not imperative; objections to affidavit evidence are permissible. Cross-examination may occur in open court.

Court Disposition

appeal dismissed

Orders

  • Appeal is dismissed; no order as to costs.