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1954 Supreme(Mad) 520

RAJAGOPALA AYYANGAR
RM. PM. Ranganathan Chettiar – Appellant
Versus
Chinna Lakshmi Achi – Respondent


Advocates:
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.


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