KANHAYALAL BISANDAYAL BHIWAPURKAR Vs. INDARCHANDJI HAMIRMALJI SISODIA

JUDGEMENT

(1.) THIS is an application to revise the judgment of the second Subordinate Judge, First Class, empowered under Section 18, C.P. Courts Act, Amraoti, in civil Suit No. 212 of 1944, decided on 26-7-1944. The applicant is an eye specialist of repute who has his place of practice at Nagpur and Amraoti. Non-applicant 1 Indarchandji is a substantial money-lender, non-applicant 2 Laxmibai is his wife and non-applicant 3 Mohanlal is his son-in-law. As alleged in the plaint Mohanlal with Mt. Laxmibai approached the applicant for getting the cataract in her left eye removed. They agreed to pay the operation and incidental charges. The applicant accordingly performed the operation on 5-12-1943 and she remained as an indoor patient in the applicant's hospital until she was discharged on 14-12-1943.

(2.) THE applicant sued to recover an amount of Rs. 188 as the price of the professional work done by him in accordance with the agreement with Mohanlal and Mt. Laxmibai. As against Indarchandji it was alleged that he was liable to pay as the husband of Mt. Laxmibai. The case proceeded ex parte against the defendants and the claim was decreed against Mohanlal alone.

(3.) THE case against Indarchandji is sought to be rested on his relationship as the husband of Mt. Laxmibai. His liability would conceivably arise in any of the following ways: (1) That he was a party to the agreement with the applicant. (2) That the agreement with his wife was in the capacity of an agent of her husband.