Claim against defendant barred by limitation.

This revision is directed against the order of the Sub Court, Chidambaram, passed in I.A.No.129/2003 in O.S.No. 138/1997, dismissing the application filed under section Or.1 R.10 (2) CPC, declining to implead the Chief Medical Officer, Villupuram and District Collector, Villupuram as Defendants to the suits. The Plaintiffs are the Revision Petitioners.

2.O.S.No.138/1997.

The deceased 1st Plaintiff - Shanmugam Sundaram was bitten by a stray dog on 30.1.1996. From 31.3.1996 to 6.4.1996, he had taken treatment in Government Hospital Villupuram and he was given seven anti-rabi injections continuously. On 8.4.1996, he came to his father-in-law's house at Parangipettai and he developed hiccups and other complications. He was admitted as in-patient in Government Hospital, Parangipettai on 10.4.1996. On 10.4.1996, the Defendant gave injections near the spinal cord of the back side and hip portion of the 1st Plaintiff. Thereafter, the 1st Plaintiff developed complications and his lower limbs were greatly affected. Since his condition became serious, on 11.4.1996 he went into coma stage and he was discharged from the hospital. Father-in-law of the 1st Plaintiff took him to JIPMER Hospital, Pondicherry. The first Plaintiff had taken treatment in JIPMER Hospital in various spells. In JIPMER Hospital, intensive treatment was given to him. Alleging negligence on the part of the 1st Defendant in giving treatment to the 1st Plaintiff when he was admitted as in-patient in Government Hospital, Parangipettai, the Plaintiff has filed the suit, claiming damages of Rs.6,00,000/-.

3. During the pendency of the suit, the first Plaintiff died without recovering from the illness he suffered. His mother, wife, son and daughter are impleaded as Plaintiffs 2 to 5.

4. Denying medical negligence, the Defendants have filed the Written Statement alleging that father-in-law of the first Plaintiff is a neighbour, just opposite to the Doctors quarters. In spite of intensive treatment, the first Plaintiff's health condition remained almost the same. He was advised to go to Government Headquarters Hospital at Cuddalore. But he was admitted in Krishna Hospital at Cuddalore. The nature of treatment given there is not known to the Defendants. Similarly, after discharge from Krishna Hospital, the first Plaintiff was admitted at JIPMER Hospital. The development of bed-sore and other complications have nothing to do with the injections and treatment he received at Government Hospital, Port Nova. In the Written Statement, the Defendants have further alleged that injection Analgin was not the cause for the alleged problems of the first Plaintiff. In paragraph 7 of the Written Statement, the Defendants have alleged that the Doctor who administered ARV Injection at Villupuram Government Hospital and the Doctor at JIPMER Hospital who treated the first Plaintiff, are also necessary parties to the suit and therefore, the suit is bad for non-joinder of necessary parties.

5. Written statement of the Defendants was filed on 15.3.2000. Issues were framed and the trial commenced. After the examination of witnesses on the Plaintiff side, the Plaintiffs have filed I.A.No.129/2003 under Or.1 R.10(2) CPC for impleading the Chief Medical Officer and the District Collector, Villupuram. In the supporting affidavit, the Plaintiffs have referred to the Written Statement, wherein the Defendants have contended that the Doctor who gave ARV injection and the Doctors at Krishna Hospital and JIPMER Hospital are also necessary parties to the suit. It has been alleged that if the Court comes to the conclusion that the first Plaintiff's suffering and death was only due to administration of ARV injection for dog bite at Government Hospital, Villpuram and not due to Analgin injection given by the first Defendant, for complete and effective adjudication, Chief Medical Officer, Villupuram and District Collector Villupuram are necessary parties and are to be impleaded as Defendants. The Defendant