M.N. SHUKLA, J. :- These are three connected appeals by the plaintiffs from the judgement and decree of the 1st Additional Civil Judge. A era, in the three suits for damages founded on tort The suits were consolidated and decided by a common judgement and hence the appeals may also be disposed of by one judgement. All the suits were dismissed with costs and hence these appeals were preferred. However, the appellant Dr. C.S. Patel in First Appeal No. 434 of 1958 arising out of suit No. 223 of 1955 is dead and hence that appeal has become in-fructuous and is dismissed. We are now left with First Appeals Nos. 429 and 430 of 1968 arising out of Suits Nos. 222 and 224 of 1955 respectively. The defendant in the three suits was the same, namely, the Cantonment Board, Agra.

2. Dr. C.B. Singh instituted suit No. 222 of 1955. He was at that time a Professor and Head of the Department of Surgery in the Medical College. Agra and a renowned Surgeon, having an extensive practice. Dr. R.V. Singh instituted suit No. 224 of 1955. He was at that time a Professor of Clinical Surgery at the Lucknow Medical College. The allegations In the two plaints were almost identical. They were that at abo