The main legal point established is the permissibility of recording evidence through video conferencing in civil cases, considering compelling factors such as the ill health of the plaintiff.

Amit Rawal, J.

The petitioner-plaintiffs are aggrieved of the impugned order dated 12.03.2015, (Annexure P-3), whereby, an application moved under Order 18, Rule 4 of Code of Civil Procedure (hereinafter referred to as "CPC") for granting permission for examination of plaintiff no.1-Satpal Dhawan through Video Conferencing on the ground that he is stated to be suffering from ill health and unable to appear before the Court being resident of USA, has been dismissed.

2. Mr. Amar Vivek, learned counsel assisted by Mr. Anshul Jain, Advocate appearing on behalf of the petitioner-plaintiffs submits that mode of examination of accused under Section 313 Cr. P.C., through Video Conferencing and appearance of a witness through Video Conferencing has been considered permissible in criminal proceedings by Hon'ble the Supreme Court in State of Maharashtra v. Dr. Praful B. Desai, AIR 2003 SC 2053. By relying upon the aforementioned judgment, two High Courts of this country, namely, Calcutta High Court and Delhi High Court held that evidence of witness in civil case can be recorded through video conferencing by deputing concerned Registrar of the Court as a Coordinator with regard to technical aspects. He further relies upon the ratio decidendi culled out by the Hon'ble Supreme Court in National Textiles Workers' Union v. P.R. Ramakrishnan, 1983(1) SCC 228 to contend that law must constantly be on the move adapting itself to the fast changing society and not lag behind and thus, urges this Court for setting aside of the impugned order while allowing the permission as sought in the application.

3. Mr. S.S. Goripuria, learned counsel appearing on behalf of the respondents submits that plaintiffs have already taken much time in not examining the witness. The application was not supported by any medical certificate with regard to ill health of plaintiff no.1. The video conferencing can be permitted in the criminal case but not in civil matters, for, without exploring the technical aspect and feasibility, recording of the statement cannot be ordered at the drop of the hat. Plaintiff has to be confronted with various documents which is not possible in the aforementioned process and thus, urges this Court for affirming the findings rendered in the impugned order by dismissing the revision petition.

4. I have heard learned counsel for the parties and appraised the paper book and of the view that there is merit and force in the submissions of Mr. Amar Vivek.

5. The identical situation arose before the Delhi High Court in Milano Impex Private Limited v. Egle Footwear Pvt. Limited & others 2013 (6) RCR (Civil) 2802, wherein, after examining the provisions of Order 18, Rule 4 of CPC, the Hon'ble Judge of the Delhi High Court issued the following safeguards which read thus:-

1. Before a witness is examined in terms of the Audio-Video Link, witness is to file an affidavit or an undertaking duly verified before a notary or a Judge that the person who is shown as the witness is the same person as who is going to depose on the screen. A copy is to be made available to the other side. (Identification affidavit).

2. The person who examines the witness on the screen is also to file an affidavit/undertaking before examining the witness with a copy to the other side with regard to identification.

3. The witness has to be examined during working hours of Indian Courts. Oath is to be administered through the media.

4. The witness should not plead any inconvenience on account of time different between India and USA.

5. Before examination of the witness, a set of plaint, written statement and other documents must be sent to the witness so that the witness has acquaintance with the documents and an acknowledgement is to be filed before the Court in this regard.

6. Learned Judge is to record such remarks as is material regarding the demur of the witness while on the screen.

7. Learned Judge must note the objections raised during recording of witness and to deci