JUDGMENT :

This appeal under Section 96 read with Order XLI Rule 1 C.P.C. has been filed by the plaintiff against the judgment and decree dated 08/04/1999 in O.S.No.1373/1994 on the file of the Subordinate Judges' Court, Thrissur. The respondents herein are the defendants in the suit. The parties and the documents in this appeal will be referred to as described in the suit.

2. According to the plaintiff in O.S.No.1373/1994, a suit for damages, she belongs to a very poor family. Her husband is a coolie. As they already had four children, they decided not to have any more children and hence the plaintiff and her husband consulted the 2nd defendant who was then working as a doctor in the Government Hospital, Kunnamkulam. The 2nd defendant advised the plaintiff to undergo Post Partum Sterilization (P.P.S.) surgery, which according to him was the best and safest method of avoiding future pregnancies. The plaintiff and her husband were told that if the said surgery was conducted, there would be no chance of any future pregnancy. Accordingly, the plaintiff underwent P.P.S. surgery. After the surgery, believing the assurance given by the 2nd defendant at the time of the surgery that she woul