He Came Once For His Trial. Now Surgery Keeps Him Away, So Video Will Do.
An elderly plaintiff living in Canada, told by his doctor not to fly after surgery, asked to be examined by video in a family property dispute. Over the other side's objection, the Madras High Court agreed.
The Court held, following Praful Desai, that video conferencing does not itself deprive the other side of effective cross-examination — the witness can be seen, heard and confronted with documents. The plaintiff's reasons were not mere convenience: he is a senior citizen, had surgery, and had travelled once already. Evidence by video was allowed under the 2020 Rules, with strict conditions.
- Convenience is not enough; necessity is. Medical advice against travel met the test.
- His earlier trip helped — it showed he was not avoiding cross-examination.
- Conditions protect the other side: a remote coordinator, uninterrupted audio-video, and confrontation with documents.
- He pays the costs of the video arrangement, subject to the final order.
- Court
- High Court of Judicature at Madras
- Bench
- Justice HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI
- Citation
- A. Nos. 2668 and 2669 of 2026
- Case
- A. Nos. 2668 and 2669 of 2026
- Decided
- 9 September 2026
- Outcome
- Applications allowed; evidence to be recorded by video conference on conditions
The request
The plaintiff is suing over the estate of his late father and unmarried sister, in a testamentary suit and a partition suit in the Madras High Court.
He had travelled to India on a visitor's visa to take part, but had to return to Canada when it expired. He then had gall bladder surgery, and his doctor advised against international travel. He asked to be examined as a witness by video.
The other side strongly objected, saying he should appear in person and that video would prejudice effective cross-examination.
Why the Court allowed it
In State of Maharashtra v. Dr. Praful B. Desai, the Supreme Court held that video conferencing does not by itself deprive the other side of effective cross-examination; the witness can be seen and heard, his demeanour observed, and documents put to him.
The Madras High Court Video-Conferencing in Court Rules, 2020 provide a mechanism, requiring an affidavit with justifiable reasons and details of the remote site.
The Court found the circumstances were not a matter of convenience: a senior citizen, recent surgery, medical advice, and an earlier trip that showed he was not trying to avoid cross-examination.
The conditions
He may be confronted with documents and pleadings as if present, with questions of admissibility left to the Court or Master. The proceedings are to be recorded and preserved.
If the connection is interrupted, proceedings pause; no evidence is to be taken without a clear, uninterrupted audio-visual link. He must give full details of the remote site and coordinator in advance, seek permission to change the site, and bear the costs.
The other side may report any breach, and the facility may then be withdrawn.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a party living abroad give evidence by video in an Indian court?
Yes, where there are justifiable reasons, and subject to conditions under the court's video-conferencing rules.
Does video conferencing prevent proper cross-examination?
No. The Supreme Court has held the witness can be seen, heard and confronted with documents.
Asking to give evidence by video from abroad
- File an affidavit with specific, documented reasons — medical records help.
- Name the remote site and a remote coordinator in advance.
- Show any earlier effort to attend in person.
- Offer to bear the costs and accept strict conditions.
Source. High Court of Judicature at Madras, A. Nos. 2668 and 2669 of 2026, decided 9 September 2026 by Justice HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI. This explainer is written from the judgment text as reported.
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