SATISHCHANDRA SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiff Satish Chandra Shukla through his next friend and father Pt. Ramchandra Shukla against the judgment and decree dated 7th August, 1980 passed by the Additional District Judge, Ratlam dismissing the plaintiff's Civil Suit No. 3 -A/79 for damages.

(2.) THE suit for damages was filed by the plaintiff on the allegation that be was of unsound mind and that he was operated upon for sterilisation on 22nd December, 1976 in Civil Hospital, Ratlam by the defendant No. 4 Dr. V.S. Jain, Asstt. Surgeon on the basis of a declaration form (Ex. P/19) which was not executed by the defendant Nurse No. 5 Sheela Narval and the defendant No. 6 Smt. Shaheeda Sultan, a School Teacher acting as a motivator. The defendant No. 3 Dr. Indrajit Singh Chaudhary was the Medical Officer in -charge of Family Planning Centre, who, it is alleged was supposed to see that no excesses were committed by the subordinates in the Family Planning Programme. The defendant No. 1 Union of India and the defendant No. 2 the State of Madhya Pradesh are also joined as defendants being responsible in carrying at the Family Planning Centre where the defendant Nos. 3, 4 and 3 were employed.

(3.) IT is an admitted position that the sterilisation operation was performed by the Asstt. Surgeon defendant No. 4 on the basis of the declaration (Ex. P/19 -c) signed by the plaintiff where under the plaintiff's age was stated to be 32 years and he was stated to be having two female children. The place of residence of the plaintiff, however, had been shown as Mabidpur, District Ujjain whereas in fact the plaintiff was a resident of Ratlam.