JUDGMENT :- 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 the family planning operation immediately after the third child was delivered; that she came forward to undergo the family planning operation taking into consideration her deteriorating health and also the financial condition; that with the existing financial condition, the economy cannot allow any further expansio

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