FATHIMUNISSA BEGUM Vs. HYMAVATHI

JUDGEMENT

(1.) The appeal is filed against the order dated 6-3-1991 passed in O. P. No. 212 of 1989 on the file of the Subordinate Judge, Khammam by which the petition filed under O. 33, R. 1, C. P. C. by the appellant for permission to sue the respondents as an indigent person was rejected.

(2.) The facts leading to the filing of the above petition are that the petitioner was operated upon tubectomy on 21-11-1985 in the Government headquarters hospital at Khammam by the first respondent. By that time, the petitioner was having four children. Two years after the operation, to her surprise the petitioner conceived and delivered on 16-4-1988 male twins who were aged more than one year at the time of filing of the above petition. The delivery took place in the Government headquarters hospital at Khammam. The petitioner's husband is a fourth class employee in Malaria department. The tubectomy operation was undertaken because they could not maintain large family and as such the operation was conceived and planned to have a better future life of the family members. Due to the negligence of the doctor who conducted operation on the petitioner, the tubectomy operation failed and the petitioner begot two more children. Therefore, the above petition was filed claiming compensation of Rs. 50,000.00 with 12% per annum as an indigent person.

(3.) The respondents have filed their counter and they have taken a stand that the petition is not maintainable and that the allegation that the petitioner has no means to pay the court-fee is not at all correct.