ORDER :

1. The present First Appeal is filed by the appellant under Section 96 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as ‘the Act’).

2. Heard learned advocate Ms. Devanshi K. Patel for learned advocate Mr. Jigar P. Raval for appellant and learned advocate Mr. Rituraj M. Meena for the respondent No.2. Though served, none appeared for respondent No.1.

3. The plaintiff-appellant filed Civil Suit No.708 of 1988 before the City Civil and Sessions Court, Ahmedabad for a relief of damages of Rs.2,70,000/- from the respondents-defendants. The learned City Civil and Sessions Court, Ahmedabad dismissed the suit vide judgment and decree dated 31.01.2003.

3.1. Being aggrieved and dissatisfied with the judgment and decree, the present appellant is before this Court.

4. The brief facts of the case are as under:-

4.1 The plaintiff was an employee of defendant No.2. As plaintiff suffered some eye problem in the month of August, 1986, plaintiff approached defendant No.1, who is working as a Senior Medical Officer in the dispensary run by defendant No.2. On consultation, defendant No.1 prescribed “Zinco-Sulpha” (hereinafter to be referred as ‘the eye drops’) to the plaint