Rm. Pm. Ranganathan Chettiar v. Chinna Lakshmi Achi

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.