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  • Code of Civil Procedure of in the Indian Evidence Act,
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  • SECTION 151 CIVIL PROCEDURE CODE
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Citation Codes
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citation codes
Case Number
Attorney(S)
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  • Code of Civil Procedure of in the Indian Evidence Act,
  • provisions of Article 21 of the Constitution
  • SECTION 151 CIVIL PROCEDURE CODE
  • Section 14 of the Indian Evidence Act
  • Section 151 C.P.C
Smart Summary

Factual and Procedural Background

The present C.R.P. challenges an order of the Subordinate Judge, Eluru in I.A. No. 196/53 in O.S. No. 53/52, which dismissed the petitioner's application to direct a medical examination of the 1st respondent to determine whether she had been enceinte and given birth to a child at any time. The original suit was filed by the 1st respondent (plaintiff) seeking a 1/3 share of certain suit properties on the ground that her husband had died intestate and the petitioner's (and the 2nd respondent's) relationship to the estate made her entitled to that share. Alternatively, she sought a 1/3 share in non-agricultural properties and maintenance. The petitioner alleged that the plaintiff gave birth to a child after her husband's death and, on that basis, challenged her chastity and entitlement to maintenance. Issue No. 8 in the suit related to the question of the 1st respondent's chastity.

The application for medical examination was filed on 14-02-1953. The Subordinate Judge followed the decision of Raghavarao, J. in Polavarapu Venkateswaralu v. Polavarapu Subbayya (1951 I M.L.J. 580) and refused to compel the respondent to submit to medical examination. The petitioner filed this C.R.P. against that order. The High Court heard submissions about the relevance of medical evidence under Section 14 of the Indian Evidence Act, the competency of the court to compel such examination (including reliance on Section 151 C.P.C.), and the protection of personal liberty under Article 21 of the Constitution. The C.R.P. was dismissed with costs; a revision was also dismissed.

Legal Issues Presented

  1. Whether a court has power to compel an unwilling party to undergo a medical examination to establish facts about the state of her body (e.g., whether she was enceinte or had given birth).
  2. Whether facts showing the existence of any state of the body are relevant under Section 14 of the Indian Evidence Act and, if so, whether that relevancy permits compelling an examination.
  3. Whether the court's inherent powers under Section 151 of the Code of Civil Procedure can be exercised to direct such a medical examination.
  4. Whether ordering a medical examination of a party would contravene Article 21 of the Constitution (right to life and personal liberty) absent statutory authority.
  5. Whether a medical examination held after a long lapse of time (four years here) can yield reliable evidence on whether a woman had been delivered of a child.

Arguments of the Parties

Petitioner's Arguments

  • Facts showing the existence of any state of the body are relevant under Section 14 of the Indian Evidence Act, and the petitioner is entitled to lead evidence to show that the 1st respondent was enceinte after her husband's death.
  • The court has inherent powers under Section 151 C.P.C. which can be relied upon to pass an order directing medical examination of the respondent.
  • The petitioner relied on paragraph 5 of the respondent's counter-affidavit to suggest the respondent had no objection to undergoing medical examination.

Respondent's Arguments

  • The respondent did not dispute that evidence as to the state of the body is relevant; the contention was that the court had no power to compel an unwilling party to undergo medical examination.
  • Compelling a medical examination would offend Article 21 of the Constitution (no person shall be deprived of life or personal liberty except according to procedure established by law), as explained in A.K. Gopalan v. State of Madras (A.I.R. 1950 S.C. 21).
  • While the respondent challenged the maintainability and jurisdiction of the application, she stated that if the objection were overruled she would submit to examination by an efficient lady doctor at the petitioner's cost.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Polavarapu Venkateswaralu v. Polavarapu Subbayya, 1951 I M.L.J. 580 Held that an application to compel medical examination of a party is not maintainable; such compulsion cannot be ordered in absence of statutory authority. The Court followed Raghavarao, J.'s decision and agreed that the respondent could not be compelled to undergo medical examination.
A.K. Gopalan v. State of Madras, A.I.R. 1950 S.C. 21 Principle that personal liberty (safety of life and limb, freedom from physical restraint) cannot be deprived except by valid law; there must be substantive law authorizing deprivation. The Court relied on this authority to accept the respondent's contention that compelling examination would offend Article 21 absent statutory power to do so.

Court's Reasoning and Analysis

The Court analysed the matter in steps, closely following the judgments and authorities cited in the pleadings:

  1. The Court accepted that facts showing the existence of any state of the body are relevant under Section 14 of the Indian Evidence Act and that evidence may be admissible to prove whether the respondent had been enceinte or delivered a child.
  2. However, the Court found no specific provision in the Code of Civil Procedure or the Indian Evidence Act empowering a court to compel a party to attend for medical examination. In the absence of statutory authority, the Court was unwilling to use general or inherent powers under Section 151 C.P.C. to deprive a person of personal liberty by compelling an examination.
  3. The Court invoked the constitutional protection of personal liberty under Article 21, relying on A.K. Gopalan, to emphasise that deprivation of personal liberty (including physical restraint or coercion) requires substantive legal sanction and cannot rest on mere inherent powers of the court.
  4. The Court noted that medical examination as a compulsory process is specifically provided in certain contexts (e.g., provisions of the Indian Lunacy Act), but no comparable statutory mechanism existed for the facts of this case.
  5. On admissibility and utility of the proposed medical evidence, the Court referred to medical jurisprudence authorities (Taylor; Modi; Lyon) and concluded that, after a lapse of four years, reliable medical signs of delivery are unlikely to remain. The Court quoted medical opinion that, except in recent deliveries, no certain answer can often be given as to whether a woman had been delivered of a child.
  6. Finally, the Court addressed the petitioner's reliance on paragraph 5 of the respondent's counter-affidavit and concluded that it was misread: the respondent had objected to the maintainability and jurisdiction of the application, and only conditionally agreed to examination if the objection were overruled and the examination were by a lady doctor at petitioner's cost. Therefore the petitioner's claim that the respondent had waived objection was without substance.

Holding and Implications

Holding: The C.R.P. is dismissed with costs; the respondent cannot be compelled to undergo medical examination; the revision is dismissed.

Implications:

  • Direct effect: The petitioner's application to compel a medical examination of the 1st respondent was refused and the C.R.P. failed; costs were awarded against the petitioner.
  • Legal scope: The Court reaffirmed that, while evidence about the physical state of a person may be relevant, a court cannot, in the absence of statutory authority, compel a party to submit to medical examination because such compulsion would infringe personal liberty protected by Article 21. The decision follows existing case law (Polavarapu) rather than creating new precedent.
  • Practical consequence: The Court also held that even if an examination were ordered, the passage of four years would likely render any medical findings inconclusive on whether the respondent had given birth, limiting the evidentiary value of such an examination in this case.

    Pulavarthi Sreerama Murthi v. Pulavarthi Lakshmikantam

    1. This C.R.P is filed as against the order of the Subordinate Judge, Eluru in I.A No. 196/53 in O.S No. 53/52 dismissing an application filed by the petitioner to direct the medical examination of the 1st respondent, as to whether she had become enceinte and given birth to a child at any time. The suit was filed by the plaintiff 1st respondent for petition and recovery of a ⅓rd share of the suit properties, on the grounds, that her husband died divided from his brother's the petitioner and the 2nd respondent herein. Alternatively, she prayed that, if the partition was found to be not true, she was entitled to a ⅓rd share in the non-agricultural properties and for maintenance. It was contended by the petitioner that the plaintiff had given birth to a child subsequent to her husband's death and being unchaste, she was not entitled to recover any maintenance. Issue 8 was raised in regard to the question of the 1st respondent's chastity.

    2. The present application was filed on 14-2-1953 to find out by medical examination, whether the 1st respondent gave birth to a child at any time. The Court below followed the judgment of Raghavarao, J. in Polavarapu Venkateswaralu v. Polavarapu Subbayya 1951 I M.L.J 580., and held that the respondent could not be compelled to undergo medical examination. The learned advocate for the petitioner contended that under Section 14 of the Indian Evidence Act facts showing the existence of any state of body is a relevant fact and that he is entitled to lead evidence to show that the respondent was enceinte after her husband's death. The respondent's advocate does not challenge that position that evidence may be let in to prove that fact. The only question is, whether there is any power in a court to compel an unwilling party to be medically examined. The petitioner's advocate has not drawn my attention to any specific provision in the Code of Civil Procedure of in the Indian Evidence Act, for compelling the attendance of a party for medical examination. It is on that very ground that the learned Judge, Raghavarao, J. held in Polavarapu Venkateswarlu v. Pollavarapu Subbayya that such an application was not maintainable. Section 151 of the Civil Procedure Code was next sought to be relied on, as conferring power on the court to pass such an order. The learned advocate for the respondent contended that such an examination would offend the provisions of Article 21 of the Constitution which enacts that “no person shall be deprived of his life or personal liberty except according to procedure established by law.” As pointed out in A.K Gopalan v. State Of Madras. A.I.R 1950 S.C 21 at 93..

    “The right to the safety of one's life and limb and to the enjoyment of personal liberty in the sense of freedom from physical restraint and coercion of any sort are the inherent birth rights of a man. The essence of these rights consists in restraining others from interfering with them and hence they cannot be described in terms of “freedom” to do particular things…………… An individual can be deprived of his life of personal liberty only by action of the State either under the provisions of any penal enactment or in the exercise of any other coercive process vested in it under law…………… There must be a susbtantive law, under which the State is empowered to deprive a man of his life and personal liberty and such law must be a valid law which the Legislature is competent to enact within the limits of the powers assigned to it and which does not transgress any of the fundamental rights that the constitution lays down.”

    3. In the absence of any statutory provision compelling the medical examination of a party, and restricting the enjoyment of personal liberty of that person it is not right to rely upon the general or inherent powers of the court under Section 151 C.P.C to achieve that purpose. The examination of a party as a witness is however warranted by the provisions of the Code of Civil Procedure. Medical Examination is in certain cases specifically provided as under the terms of the Indian Lunacy Act. I therefore follow the decision of Raghavarao, J. in Polavarapu Venkatesmrlu v. Polavarapu Subbayya and agree with the Court below that the respondent cannot be compelled to undergo medical examination.

    4. Moreover, it is impossible to ascertain, after a lapse of four years as to whether the respondent was enceinte and gave birth to a child. Taylor in his Treatise on Principles and Practice of Medical Jurisprudence (Vol. II) discusses this question at pages 64 to 68. At page 64 he states:—

    “In some strong and vigorous women the body resumes its natural state within a few days, and the traces of parturition may have become so ambiguous as to furnish no satisfactory evidence. In others proof of delivery may be obtainable for a fortnight or three weeks afterwards. In most cases, however, it is difficult to say after the lapse of eight or ten days that delivery has certainly taken place, the signs having partially disappeared.”

    5. The passages in Modi's Medical Jurisprudence and Toxicology and Lyon's Medical Jurisprudence for India are to the same effect. At page 368 of Lyon's book the question “Has this woman ever been delivered of a child” is answered by Dr. Meadows as follows:— “No certain answer can be given except in the case of recent delivery. So, in my opinion even if such a medical examination is to be ordered, it will throw no light on the question.”

    6. The learned Advocate for the petitioner relied on paragraph 5 of the counter affidavit to show that the 1st respondent had no objection to undergo medical examination. I do not think that is a correct reading of paragragh 5. The Respondent contended that the to application was not maintainable and that the court had no jurisdiction to direct her medical examination but that if her objection was over-ruled, she had no objection to be examined by an efficient lady doctor at the cost of the petitioner. There is, therefore, no substance in this contention of the petitioner.

    7. In the result the C.R.P fails and is dismissed with costs.

    J.V.S

    8. Revision dismissed.

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    Pulavarthi Sreerama Murthi v. Pulavarthi Lakshmikantam
    (Nov 8, 1954)