The first defendant in O.S.No. 12388 of 1988 on the file of the V Additional Judge, City Civil Court, Hyderabad, Mahaveer Hospital and Research Centre, filed the present appeal as against the judgment and decree dated 13-09-1995 made in the aforesaid suit.

2. The plaintiff in the said suit is shown as 1st respondent and the 7th defendant-doctor, who had operated the patient, is shown as the 2nd respondent in the present appeal.

3. Heard Smt. K. Udayasree, learned counsel representing the appellant-first defendant, Sri Narayana Rao learned counsel representing the first respondent-plaintiff and Sri Subramanayam Reddy, learned counsel representing the 2nd respondent-7th defendant.

4. Smt. K. Udayasree learned counsel representing the appellant had taken this Court through the respective pleadings of the parties, the evidence of P.W.1 and D.Ws.1 and 2 and also Exs.A -1 to A-19 and B-1 to B-4 and would contend that it is not a case of medical negligence since the suit was dismissed as against the 7th defendant, the doctor, who had operated on the plaintiff-patient. The learned counsel also would submit that the question involved in the matter is whether the steel rod, prosthesis,