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Rm. Pm. Ranganathan Chettiar v. Chinna Lakshmi Achi

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.

Advocate List
Bench
  • HON'BLE MR. JUSTICE RAJAGOPALA AIYANGAR
Eq Citations
  • (1956) ILR MAD 66
  • AIR 1955 MAD 546
  • LQ/MadHC/1954/372
Head Note

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