IMPORTANT POINT
Recording of statement of a witness through video conferencing is permissible.

Sanjeev Sachdeva, J.—The present appeal impugns the order dated 02.07.2015 whereby the application of the defendant/appellant under Order XVIII Rules 3 & 4 of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) for permitting the recording of the statement of a witness through video conferencing was rejected.

2. The application was filed by the appellant for permission to record the testimony of the sole appellant’s witness through audio and video link on the ground that the sole witness is based at London and is unable to travel to Delhi for her cross-examination. It was contended that the appellant is a charitable organization and is not in a position to afford the substantial expenditure required to be incurred for travel and stay of the sole witness to Delhi and further the presence of the said witness was necessary for various official commitments as she is the Head of the Human Resource which entails numerous responsibilities and the sole witness being female aged 54 years would have to suffer a lot of inconvenience to travel for her testimony to Delhi. In these circumstances, the application was filed for permission to record the deposition through audio and video conferencing.

3. The learned Single Judge has dismissed the application holding as under:-

“2. I have completely failed to understand the application because the averments in the application leave this Court to believe (that a witness who is a resident of U.K simply feels that witness need not come to India in a judicial proceedings for recording of evidence. This is an unacceptable practice, more so when admittedly the witness as per the statement made today before this Court on behalf of counsel for the defendant is travelling over the world to many countries/locations. Also, no financial statements of the respondent-organization have been filed before this Court for this Court to appreciate and believe that the respondent-organization does not have monies for travel and stay of its witness to/in India. I may also note that counsel for the plaintiff is partially correct in arguing that the cost of video conferencing itself possibly will be a very substantial cost though the high cost issue is sought to be urged for the witness not to come to Delhi and depose. In any case, in my opinion cost of video conferencing is immaterial once the witness is otherwise travelling to various countries in the world and there is no handicap in any manner in this witness in coming to India and deposing in the case. World is really now a global village.”

4. We are unable to accept the view taken by the learned Single Judge for rejecting the application. The learned Single Judge has erred in not noticing the development of law and technology that has taken place over the years. The Code is a procedural Code and procedures are subservient to justice. With the development of law and technology, the Courts have to use procedure, which facilitates the Courts in dispensing speedier justice. If a facility is available to the Court for the purposes of expediting the trial then every opportunity is to be taken by the Court to make use of such technology so as to further the process of dispensation of justice. The learned Single Judge, in the impugned order, has taken a very narrow view of the matter. Merely because a witness is travelling over the world and/or may have the financial resources to travel to India does not necessarily imply that the Court must insist upon the witness personally coming to the Court for the purpose of deposing before the Court and/or her cross-examination.

5. There may even be a situation where the witness may be available within the city where the Court is located, however, on account of the nature of work or physical condition of the witness, it may not be possible or viable for the witness to travel to Court. The role of a witness is paramount in the justice system of any country. By deposing in a case, they assist the court in discov