URMILA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) This is the plaintiff's Regular Second Appeal filed under Sec. 100 of the Code of Civil Procedure . Plaintiff's Civil Suit No. 141/1 of 1995, titled as Urmila Devi Vs. State of H.P. & others , was dismissed by the learned Sub Judge, Ist Class, Bilaspur, H.P., in terms of judgment and decree dated 31.3.1998. Aggrieved thereof, plaintiff filed an appeal which also stands dismissed in terms of judgment and decree dated 4.12.2003, passed by the learned District Judge, Bilaspur, H.P., in Civil Appeal No. 59 of 1998, titled as Urmila Devi Vs. State of H.P. & others . Thus, the present appeal arises out of concurrent findings of fact.

(2.) Smt. Urmila Devi (plaintiff) voluntarily got herself operated for tubectomy on 4.11.1989 at the Primary Health Centre Gwandal, Tehsil Shri Naina Deviji, District Bilaspur, H.P. The operation was conducted by Dr. Paras Ram Kutal (defendant No. 3). Operation was successful and she was issued certificate of the Department of Health and Family Planning, District Bilaspur, H.P. in that regard. However, she conceived through her husband and gave birth to a female child on 23.10.1992. Alleging negligence on the part of defendant No. 3, she filed a suit for recovery of a sum of Rs. 1,99,000.00 (rupees one lac and ninety-nine thousand) as damages both against the Doctor (defendant No. 3) as also the State (defendants No. 1 and 2).

(3.) Based on the pleadings of the parties, trial Court framed the following issues: