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Rm. Pm. Ranganathan Chettiar Vs. Chinna Lakshmi Achi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Case NumberCivil Revn. Petn. No. 979 of 1953
Judge
Reported inAIR1955Mad546
ActsCode of Civil Procedure (CPC) , 1908 - Sections 151
AppellantRm. Pm. Ranganathan Chettiar
RespondentChinna Lakshmi Achi
Appellant AdvocateT.S. Vaidyanatha Iyer, Adv.
Respondent AdvocateA.V. Narayanaswami Iyer and ;R. Venkatachalam, Advs.
DispositionPetition dismissed
Excerpt:
practice--power of court--medical test on human being without his or her consent apart from statute which clothes court with such power--section 151, civil procedure code (v of 1908)--no application--party refusing to be examined--adverse inference ; the court has no power to compel a medical test on a human being without his or her consent apart from a statute which clothes the court with such power. section 151 of the civil procedure code (act v of 1908) has no application to such a case. it is open to the court to draw any adverse inference against a party who refuses to examine himself or herself. - - 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 oe 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.....
Judgment:
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 oE 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

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