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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
Susheelamma D/o Chinnappa – Appellant
Versus
C. Nagaraju S/o Chinnappa – Respondent
ORDER :
1. This petition is filed by the petitioner, who is defendant No.4 before the trial Court, aggrieved by the order dated 16.10.2024 whereby defendant No.4 filed an application under Order 3 Rule 2 of CPC, seeking to permit the SPA holder of defendant No.4 to prosecute the case on behalf of defendant No.4 and also to discard the evidence of DW2 the said application came to be rejected by the trial Court and posted the matter for appearance of DW2 for further cross-examination.
2. It is the contention of learned counsel for petitioner/defendant No.4 that the petitioner is aged about 60 years and suffering from pain in the ears since December 2022 and she has visited doctors in the nearby locality and she has been instructed to approach Victoria Hospital, Bengaluru, for further treatment regarding the ear pain. It is also contended that the petitioner has visited Victoria Hospital and after giving her health condition details to the doctors, upon various examination, the doctors have told the petitioner that she is suffering from lumbago anxiety, hearing defers in both ears, rectal bleeding, abdominal pain, chronic fatigue and other old age related ailments. In this regard petiti
Witness testimony cannot be replaced unless substantial medical evidence of incapacity is provided; the trial court's decision upheld as valid.
Elderly plaintiffs may be allowed to testify through special attorneys without mandatory personal appearance, balancing representation rights with the need for direct knowledge during cross-examinati....
The court clarified that the inability to attend court due to health issues must be addressed with sensitivity, and updated medical evidence is critical for justifying the appointment of a commission....
A plaintiff may prosecute a case through a Special Power of Attorney holder, and defendants retain the right to challenge any such evidence during cross-examination.
The court affirmed the necessity to consider a defendant's health and age in granting commissions for evidence gathering, reinforcing the right to a fair trial.
The court has discretion to appoint an Advocate Commissioner to take evidence from a defendant unable to attend court due to health reasons, emphasizing the protection of fundamental rights.
Permission to examine a witness can be granted before or after examination, with careful consideration to avoid prejudice, as highlighted in various legal precedents.
The authority of a Special Power of Attorney holder is limited to prosecution and does not extend to giving evidence on behalf of the principal.
The court upheld the need for further examination of evidence under Section 311 Cr.P.C to ensure proper understanding of the victim's evidence.
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