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1992 Supreme(Bom) 280

E.S.DA SILVA
Sharad Vaidya – Appellant
Versus
Paulo Joel Vales (Since deceased) through legal representatives and others – Respondent


JUDGMENT - Dr. E.S. DA SILVA, J.:---This revision is directed against the order of the learned Civil Judge, S.D., Panaji, dated 19th July, 1989 in Special Civil Suit No. 25/83/A whereby the learned Judge has decided against the petitioner Issue No. 8 in the aforesaid suit which is treated as and respondent No. 3 was barred by limitation.

2. The facts of the case are that the late respondent No. 1 Paulo Joel Vales and respondent No. 2 filed a suit against the petitioner and respondent No. 3 for compensation and damages in respect of treatment given by the petitioner and the respondent No. 3 to their deceased wife and mother Santana Vales. The suit was instituted on 1-3-1983 and according to the then plaintiffs the cause of action arose on 2-3-1978 which is the date of the admission of the deceased Santana in respondent No. 3's hospital and continued upto 18-8-79 which is the date of expiry of the said Santana.

3. It appears that the then plaintiffs had taken Santana for examination by the petitioner on 2-3-1978 to his hospital known as Vaidya Hospital at Panaji. At that time the petitioner advised the said Santana to go to the respondent No. 3's hospital known as Cancer Hospital with













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