1. Plaintiff No.1 is the husband of the original Plaintiff No.2 who suffered from cancer and was consequently admitted to the hospital of Defendants 3 to 7 being the Trustees of Bombay Hospital Trust. Plaintiff Nos.2(a) and 2(b) are the heirs of the original Plaintiff No.2 who has since expired. Defendant No.1 was the Honorary Surgeon attached to Bombay Hospital (BH) and was the head of the department of Oncology. Defendant No.2 was the Honorary Assistant Surgeon who assisted Defendant No.1. The Defendant No. 3 was the Houseman in charge of the CT Scan department in BH.

2. The Plaintiffs’ case is that the original Plaintiff No.2 suffered from cancer since July 1977. She was under the treatment of one Dr. J.C. Paymaster in BH up to 1988 when Dr. Paymaster retired from BH. She initially had breast cancer. She was operated upon for breast cancer in 1977. She thereafter suffered lung cancer in 1984. She was given the treatment of chemotherapy also under Dr. Paymaster in Mumbai. She was also treated for cancer in New York, USA in 1985. She was given hormonal therapy and chemotherapy treatment by certain two Doctors in New York, USA. It is the Plaintiffs’ case that she was decl