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2025 Supreme(Online)(Mad) 63685

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. R.N.MANJULA, J
R.Shanthi – Appellant
Versus
V.R.Sundararajan – Respondent
A. No. 4528 of 2025 in T.O.S. No. 9 of 2018



Advocates:
For the Appellants/Petitioners: Mr.S.Shanmugaraja, M/s.Chennai Law Firm
For the Respondents: Mr.K.S.Saravanan, Mr.V.Vijay Shankar

The court determined the necessity of a specialist’s testimony when seeking medical records to ensure proper interpretation and relevance.

Headnote:This application is filed under Order XIV Rule 8 of the Original Side Rules seeking to subpoena the Medical Records Manager, Apollo Speciality Hospital, for records related to a deceased individual. The court found that without a relevant doctor’s interpretation of the records, the documents requested would not serve their intended purpose. The court dismissed the application but allowed the applicants to renew their request appropriately. The application is dismissed with liberty.

Table of Content
1. request for medical records subpoena (Para 1)
2. interpretation by relevant medical specialist necessary (Para 2 , 3 , 4)
3. application dismissed with opportunity to renew (Para 5)

V.R.Sundararajan ...Respondent Prayer : This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Order XVI Rule 1 of the Code of Civil Procedure, praying to subpeona the Manager, Medical Records Department, Apollo Speciality Hospital, Teynampet, to produce with the relevant hospital rules and records pertaining to the deceased Mr.Seshadri Krishnan (UHID ASH1.0000308461) and to be examined by the applicants / defendants.

For applicant : Mr.S.Shanmugaraja For M/s.Chennai Law Firm For Respondents : Mr.K.S.Saravanan For Mr.V.Vijay Shankar

O R D E R

This application has been filed to subpeona the Manager, Medical Records Department, Apollo Speciality Hospital, Teynampet, to produce with the relevant hospital rules and records pertaining to the deceased Mr.Seshadri Krishnan (UHID ASH1.0000308461) and to be examined by the applicants / defendants.

2. The Manager, Medical Records Department, Apollo Speciality Hospital, Teynampet is called only for production of the medical documents pertaining to the treatment given to the testators, when he was admitted in the Apollo Speciality Hospital, at the time when he said to have executed a Will.

3. Even these documents are produced before the Court, no purpose would be served unless the Doctor of the very same institution, who is conversant with those records to interpret the same, as the application filed to summon an Expert from the another hospital to interpret the medical records of the Apollo Speciality Hospital has already been dismissed.

4. The applicants ought to have filed an application to summon the concerned Specialist Doctor of the very same institution, with the hospital records pertaining to the deceased Sri.Seshadri Krishnan and to depose evidence.

5. As the exercise taken by the applicants is unnecessary, the application is also dismissed with liberty given to the applicants to renew his prayer by way of taking an appropriate application as per the above observation made. No costs.

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