1954 JTR(Mad) 520
1955 AIR(Mad) 546 ; 1955 68 LW 156 ; 1955 1 MLJ 260 ; 1955 MWN 204 ; 1956 ILR(Mad) 66
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice Rajagopala Ayyangar, J.
RM. PM. Ranganathan Chettiar
Versus
Chinna Lakshmi Achi
C.R.P. No. 979 of 1953.
Decided On : 16 December 1954
Court can not compel a party to be examined by a doctor against his/her consent.
Act Referred :CIVIL PROCEDURE CODE : S.151
Code of Civil Procedure, 1908-Section 151-Examination of a party by a doctor against his/her consent-Held, Court has no inherent power to compel for such examination.
T.S. Vaidyanatha Aiyar for Petitioner.
A.V. Narayanaswami Aiyar and R. Venkatachalam for Respondent.
Judgment
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 provision. Counsel invokes section 151, Civil Procedure Code, as enabling the Court to allow such an order. I do not at all agree that section 151, Civil Procedure Code, 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 irorn any statute which clothes the Court with such power. The petition fails and is dismissed. There will be no costs in this petion.
K.S. ----- Petition dismissed.