UMA W/O KAILASH Vs. STATE OF MP

JUDGEMENT

(1.) This First Appeal under Section 90 of the CPC has been filed by the plaintiff against the judgment dated 7/5/1999 passed by the XIII Addl. Sessions Judge, Indore dismissing the Civil Suit No. 12A/94.

(2.) The appellants had filed the suit for damages pleading that the sterilization operation of the appellant No.1 was done by the respondent No.4 on 3/9/1992. Thereafter the appellant No.1 on 7/12/1992 came to know that she had five months pregnancy. On 21/4/1993 the appellant No.1 gave birth to appellant No.2. Therefore, in the plaint, an allegation was made that the respondent No.4 was negligent in performing the sterilization operation resulting into the pregnancy and birth of the appellant No.2 . Consequently, the appellants claimed damages to the tune of Rs.4,55,500/- along with the interest. The respondents had remained ex-parte in the matter.

(3.) The trial Court by the impugned judgment dated 7/5/1999 had dismissed the suit on reaching to the conclusion that the appellants had failed to prove the negligence on the part of the respondent No.4. On appreciation of the evidence, the trial Court found that the sterilization operation was performed on 3/9/1992 and seven months thereafter the appellant No.1 gave birth to appellant No.2 on 21/4/1993 meaning thereby at the time of sterilization operation the appellant No.1 was pregnant. Prior to the operation the respondent No.4 had got the pregnancy test done vide Ex.P.6-C. In this back ground the trial court found that the negligence of the respondent No.4 was not proved.