IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 22919 of 2009(O) -------------------------- OS.965/2003 of PRL.SUB COURT,THRISSUR .................... PETITIONER(S): -------------------------- MANEESHA, D/O.VEPPIL SIVARAMAN, KAPPIYUR DESOM, POOKODE AMSOM, CHAVAKKAD TALUK. BY ADV. MR.RAJIT RESPONDENT(S): -------------------------- 1. P.C.GILWAS, NEURE PHYSICIAN, ELITE MISSION HOSPITAL, COSMO GARDEN, OPP.METROPOLITAN HOSPITAL, KOORKANCHERY, THRISSUR - 7. 2. ELITE MISSION HOSPITAL, KOORKANCHERY, THRISSUR REP. BY ITS MANAGING PARTNER. R1 & R2 BY ADVS. MR.G.SREEKUMAR (CHELUR), MR.K.RAVI (PARIYARATH), MR.GINESH.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.22919 OF 2009 -------------------------- Dated this the 14th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Set aside the order dated 27/07/2009 in I.A No.4231/2009 in O.S No.965/2003 of the Principal Sub Judge, Thrissur. ii) Direct the Learned Principal Sub Court, Thrissur to permit the petitioner to examine the Doctor witnesses with the aid of an Advocate Commissioner at their place of practice. iii) Grant such other relief deemed fit to this Hon'ble Court. 2. Petitioner is the plaintiff in O.S No.965 of 2003 on the file of the Principal Sub Court, Thrissur. Suit is one for compensation on the ground of medical negligence, and the W.P.(C).No.22919 OF 2009 Page numbers respondents are the defendants in the suit. Plaintiff and one witness have already been examined in the suit. Previously on an application moved by the petitioner/ plaintiff the court allowed examination of three expert Doctors cited as plaintiff's witnesses to substantiate her claim, by commission. However later the court ordered summons to those witnesses. At that stage, petitioner moved an application to review the order passed by the court for issuing summons to the witnesses and the respondents applied for reviewing the earlier order directing examination of the experts by commission. The court below allowed the application moved by the respondents and dismissed the review petition filed by the petitioner / plaintiff. Petitioner has filed this writ petition challenging the order dismissing his review petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. W.P.(C).No.22919 OF 2009 Page numbers 3. I heard the counsel on both sides. A report from the learned Sub Judge was also called for to examine the propriety and correctness of the order impugned in the writ petition. The learned counsel for the respondents submitted in the suit a claim of Rs.39,00,000/- has been raised by the plaintiff as compensation and in the fitness of things the examination of the expert witnesses has to be conducted by the court and not by appointing an advocate commissioner. Many technical aspects may have to be brought out from the doctors during their examination and even the court may require clarifications so that it is always advisable in the nature of the suit and also the relief claimed thereunder to examine the expert doctors before the court, submits the counsel. Submission made as above by the learned counsel for the respondent is endorsed by the learned counsel for the petitioner as well. But the learned counsel for the W.P.(C).No.22919 OF 2009 Page numbers petitioner raised a grievance that after summoning the witnesses if they are to be examined by an advocate commissioner the very purpose will be defeated. Perusing the report of the learned Sub Judge also, I find the court is also inclined to examine the doctors before the court itself probably taking note of the disputed question arising for adjudication in the suit which require an analysis and proper appreciation of the evidence of the experts. So much so, I make it clear that the expert witnesses, the doctors summoned by the petitioner, shall be examined by the court itself and not by commission as and when they appear before the court in response to the summons ordered. It is also ordered that the court shall ensure that the expert witnesses, doctors, shall be examined on the date of their appearance itself so that the least inconvenience and discomfort is caused to such witnesses. Direction as above is issued with a rider that in case, for any foreseen W.P.(C).No.22919 OF 2009 Page numbers circumstances, the examination of the doctors is to be adjourned, the court shall ascertain the convenience of the doctors and fix a future date suiting their convenience. Subject to the above directions, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE vdv P.A TO JUDGE