Judgment :

1. Heard Mr.Tripathy and Mr.Dash, learned Additional Government Advocates for the State-Appellant and Mr. Jena, learned Advocate for the Respondents.

3. The facts of the case are that the plaintiff filed Title Suit No.43/13 of 2002-04 stating that she approached defendant no.2, the Medical Officer then working at Nakatideul P.H.C. to undergo sterilization operation to prevent pregnancy. After necessary checkup the sterilization operation was conducted by defendant no.2 on 21^st November 1997 with the assurance that said operation was successful and plaintiff would not conceive any child in future. To that effect a certificate dated 2^nd December 1997 (Ext.1) was issued to the plaintiff stating that she has undergone Tubectomy operation vide Sl.No.77 of 1997-98. But despite such operation undertaken by the plaintiff, the plaintiff was conceived