( 1 ) THIS is an appeal at the instance of the State and its Officers under Sec. 96 of the Civil Procedure Code challenging the judgment and decree passed by the trial Court in favour of the respondent-original plaintiff.

( 2 ) THE relevant and pertinent facts in brief are to the effect that the respondent-original plaintiff was suffering from discomfort and pain in swallowing etc. , that after consulting the family physician she was ultimately referred to the Civil Hospital at Godhra, that she underwent consultation with the Civil surgeon - Dr. Mahendra Damor (appellant-defendant No. 3) and after due investigation, the said Dr. Damor performed surgery upcui the thyroid gland of the plaintiff. It may be pointed out that the investigations prior to surgery, and indicators which lead to the choice of surgery indicate that the plaintiff was suffering from non-toxic goitre effecting the thyroid gland. Subsequent to surgery on a pathology report, it appeared that the tissues were at a pre-cancerous stage.

( 3 ) THE claim of the plaintiff was that the surgery was performed upon her in a negligent manner without due caution, in an indifferent manner, and that as a result thereof, she lost

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