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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
C. Paul Raj – Appellant
Versus
C.Thankappan – Respondent
ORDER :
G.R. SWAMINATHAN, J.
Heard the learned counsel appearing for the revision petitioner.
2. The revision petitioner is the plaintiff in O.S.No.77 of 2013 on the file of the Additional District and Sessions Court, Padmanabapuram. The petitioner filed I.A.No.1 of 2023 for appointing an Advocate Commissioner for examining him as a witness and for marking the documents submitted by him as exhibits. The Court below vide order dated 18.06.2024 dismissed the IA. Challenging the same, this civil revision petition came to be filed.
3. The case of the revision petitioner is that he has suffered stroke and that he is not in a position to move about freely. He produced medical certificate dated 08.08.2022 in support of his assertion. The court below took the view that the said medical certificate did not reveal the present health status of the petitioner. That was why, the court below dismissed the IA. To meet this reasoning, the revision petitioner has enclosed copy of the certificate dated 14.07.2024 issued by the neurologist which reads that the petitioner is not in a position to walk on account of the cerebral stroke suffered by him.
4. Order 26 Rule 1 C.P.C reads as follows:-
“Any Court ma
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....
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.
The court upheld the trial Court's discretion to appoint an advocate commissioner for recording evidence when a witness is unable to attend due to medical conditions, emphasizing justice over procedu....
Witness testimony cannot be replaced unless substantial medical evidence of incapacity is provided; the trial court's decision upheld as valid.
Permission to examine a witness can be granted before or after examination, with careful consideration to avoid prejudice, as highlighted in various legal precedents.
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