(Second appeal preferred under Sec.100 of the Code of Civil Procedure against the judgment and decree made in A.S.No.2 of 2002 dated 8.7.2002 on the file of the Principal District Judge, Vellore, confirming the judgment and decree in O.S.No.137 of 1999 dated 29.11.2001 on the file of the Subordinate Judge, Gudiyattam.)

This second appeal is preferred by the defendants whose defence plea was rejected by both the Courts below in a suit for recovery of damages of Rs.1,00,000/- by the respondent/plaintiff.

2. When the matter came up for consideration, notice was ordered. The respondent/plaintiff appears through her Counsel.

3. The plaintiff originally filed the suit for damages of Rs.1,00,000/- alleging that she has three children; that taking into consideration the family circumstances, she decided to undergo family planning operation with the third child a girl, which was born in 1987; that all the children were born in the second defendant's hospital, and thus, they were aware of the plaintiff's health and family circumstances; that on their instructions and on consultation with the staff of the second defendant including the first defendant, she gave her consent to undergo