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iDraf
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Issue
Rm. Pm. Ranganathan Chettiar
v.
Chinna Lakshmi Achi
(High Court Of Judicature At Madras)
Civil Revision Petition No. 979 Of 1953 | 16-12-1954
RAJAGOPALA AIYANGAR, J.
(1) THE question which arises here is whether a Court has power to compel a party to be examined by a doctor against her consent. Learned counsel for the petitioner admitted that there was no statutory provision on the matter. Apart from cases of lunacy - which stand on a special or peculiar footing, there is no decision placed before me in support of the position. Counsel invokes Section 151, Civil P. C. , as enabling the Court to allow such an order. I do not at all agree that Section 151, civil P. C. has any application to a case of this sort. To pass such an order is in my opinion tantamount to treating a human being as a material object, which no court should do under its inherent power. The Court might draw any adverse inference against a party who refuses to examine himself or herself. But I am unable to conceive of this Court having power to compel a medical test on a human being without his or her consent - apart from any statute which clothes the court with such power. The petition fails and is dismissed. There will be no costs in this petition.
(1) THE question which arises here is whether a Court has power to compel a party to be examined by a doctor against her consent. Learned counsel for the petitioner admitted that there was no statutory provision on the matter. Apart from cases of lunacy - which stand on a special or peculiar footing, there is no decision placed before me in support of the position. Counsel invokes Section 151, Civil P. C. , as enabling the Court to allow such an order. I do not at all agree that Section 151, civil P. C. has any application to a case of this sort. To pass such an order is in my opinion tantamount to treating a human being as a material object, which no court should do under its inherent power. The Court might draw any adverse inference against a party who refuses to examine himself or herself. But I am unable to conceive of this Court having power to compel a medical test on a human being without his or her consent - apart from any statute which clothes the court with such power. The petition fails and is dismissed. There will be no costs in this petition.
Advocates List
For the Appearing Parties A.V. Narayanasvamy Iyer, R. Venkatachalam, T.S. Vaidyanatha Iyer, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE RAJAGOPALA AIYANGAR
Eq Citation
(1956) ILR MAD 66
AIR 1955 MAD 546
LQ/MadHC/1954/372
HeadNote
Civil Procedure Code, 1908 — Or. 12 R. 6 — Power to compel a party to be examined by a doctor against her consent — Held, no such power exists — Court might draw any adverse inference against a party who refuses to examine himself or herself — But no court should treat a human being as a material object under its inherent power
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