Supreme Court of India

Ameer Trading Corporation Ltd. v. Shapoorji Data Processing Ltd.

Neutral citation
Reported as [2003] SUPP. 5 S.C.R. 634
Bench V.N. Khare, S.B. Sinha and Dr. Ar. Lakshmanan JJ.
Decided 18 November 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the words "in every case", contained E in R.4 of0.18 have to be understood in a limited sense that every case wherein the ultimate order is not appealable, and by no means, it can take in its ambit the orders which would be appealable.

Judgment, page 10

From the headnote

Code of Civil Procedure, 1908: Order 18 Rule 4 (as amended)-Examination-in-Chief-Recording of evidence in every case-By affidavit-Held: Order 18 Rule 4 does not make any distinction between appealab/e and non-appea/ab/e cases-Examination­ in-Chief of a witness is to be tendered on affidavit whether the case is appea/able or not. Interpretation of Statutes: Purposive construction-For the purpose of interpretation of statutes the same has to be in its entirety. Words and Phrases: "In every case "-Meaning of-In the context of Order 18 Rule 4 of the Code of Civil Procedure, 1908. The respondent

Where later benches applied it

Of those, 2 referred to

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