MANISH SOOD Vs. VANDANA BHARDWAJ

JUDGEMENT

(1.) Appellant's suit for declaration, injunction and damages has been thrown out by the Trial Court at its threshold by holding that it lacks 'cause of action'. Impugned order dated 4th March 2008 has been passed on Respondent's application under Order VII Rule 11 of CPC.

(2.) Both the parties to the suit are Medical Practitioners in their respective areas, who are treating patients fighting with problem of deformity of the limbs and locomotive disorders, i.e., they are working in two complimentary branches in the same field of medical world. Appellant is a registered rehabilitation professional and the Respondent is a physiotherapist and head of the department of physiotherapy in Rajiv Gandhi Cancer Hospital and Research Center, New Delhi.

(3.) The allegation of the Appellant is that the Respondent is interfering with the work of the Appellant and is creating impediment in the discharge of his professional duties. The precise case of the Appellant / plaintiff is that the Respondent is meddling with the work of the Appellant and had made numerous attempts to force the Appellant to fit the patients with limbs which she assumed to be proper for the patients.