(1.) This revision is directed against the order of the learned Civil Judge, S.D., Panaji, dated 19th July, 1989 in Special Civil Suit No. 25/83/A whereby the learned Judge has decided against the petitioner Issue No. 8 in the aforesaid suit which is treated as and respondent No. 3 was barred by limitation.
(2.) The facts of the case are that the late respondent No. 1 Paulo Joel Vales and respondent No. 2 filed a suit against the petitioner and respondent No. 3 for compensation and damages in respect of treatment given by the petitioner and the respondent No. 3 to their deceased wife and mother Santana Vales. The suit was instituted on 1-3-1983 and according to the then plaintiffs the cause of action arose on 2-3-1978 which is the date of the admission of the deceased Santana in respondent No. 3s hospital and continued upto 18-8-79 which is the date of expiry of the said Santana.
(3.) It appears that the then plaintiffs had taken Santana for examination by the petitioner on 2-3-1978 to his hospital known as Vaidya Hospital at Panaji. At that time the petitioner advised the said Santana to go to the respondent No. 3s hospital known as Cancer Hospital with a note addressed to one Dr. Dias to do the biopsy. It has been alleged by the then plaintiffs that when the biopsy was being done by Dr. Dias the petitioner came to the Hospital, examined Santana and without waiting for the results of the biopsy, prescribed that the said Santana should be administered 5000 units of cobalt rays. The biopsy was done and sent to Bombay for the purpose of analysis since respondent No. 3s hospital had no facilities available for analysing the biopsy. On that very day i.e. on 2-3-1978 the said Santana was administered by the petitioner 200 units of cobalt rays at respondent No. 3s hospital and advised to come to the hospital everyday for administration of further cobalt rays. The plaintiffs were told by the petitioner that biopsy report would be known within three to five days. Accordingly the plaintiffs being laymen on the matter took Santana regularly to the Goa Cancer Hospital at Dona Paula between 2-3-1978 to 27-3-1978 during which period 3200 units of cobalt rays were administered to her. After the administration of the cobalt rays the petitioner advised Santana on 3-3-1978 that her teeth should be extracted and that should be also done at the Goa Cancer Hospital. However inspite of the request made by the plaintiff No. 2 who is respondent No. 2 not to extract her teeth until the receipt of the biopsy report the petitioner on 6-3-1978 forcibly removed her teeth by making Santana lie on the bed and opened her mouth after which her teeth were extracted by the petitioner. On 28-3-1978 a total of 3200 units of cobalt rays had already been administered and on that day the late plaintiff No. 1 was informed that the biopsy report had arrived from Bombay and the same was not showing any evidence of malignancy in the concerned sections of Santanas body. The plaintiff thereupon took the said Santana to Tata Memorial Cancer Hospital where she was examined by Dr. L.J. DSouza who also confirmed that the biopsy report was negative and that is was not a case of cancer. Subsequently the health of Santana went on deteriorating and inspite of various treatments to which she was subjected she finally expired on 18-8-1979. The plaintiffs then filed a suit seeking for recovery of the actual expenses to the tune of Rs. 12,000/- spent on medical treatment of the late Santana and for Rs. 1,00,000/- as damages along with interest at the rate of 18% from 18-8-1979 till the filing of the suit.