MEENA DEVI Vs. MINISTRY OF HEALTH

JUDGEMENT

(1.) This second appeal, preferred under section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 23.01.2009, passed by Additional District Judge/ Fast Track Court, II, Dehradun, in Civil Appeal No. 32 of 2007, whereby said court has dismissed the appeal, and affirmed the judgment and decree dated 30.07.2007, passed by the trial court [I Addl. Civil Judge (Sr. Div.) Dehradun] In Suit No. 435 of 2003

(2.) Heard learned counsel for the parties, and perused the record.

(3.) Brief facts of the case are that Suit No. 435 of 2003 was instituted by the present appellant (Meena Devi) against respondents pleading that she underwent Sterilization operation on 30.03.1996, but in June 1997, she came to know that she was carrying pregnancy, after she got anemic. On this, she gave notice dated 18.06.1997, through his advocate to the defendants claiming damages of ' one lac. When no response was given by the defendants, the plaintiff instituted suit as a pauperfor damages amounting ' one lac alleging that the plaintiff has suffered on account of negligence of the part of surgeon.