( 1 ) THIS first appeal under section 96 of the code of Civil Procedure has been preferred by unsuccessful plaintiff against the judgment passed by district Judge, Seoni in C. S. No. 9-A of 1998 on 14. 12. 2000, whereby her claim for damages to the tune of Rs. 5,00,000 on account of failure of sterilisation operation was dismissed.

( 2 ) FACTS, not in dispute, are mentioned hereinbelow: the appellant had undergone sterilisation operation at Khwasa Camp, Seoni on 17. 11. 1994. The said operation was performed by Dr. Sunanda Choudhary, the respondent No. 1, who was then serving as specialist in Obstetrics and Gynaecology in Civil Hospital at Seoni. She was under the control and supervision of respondent nos. 2 to 4.

( 3 ) ACCORDING to the appellant, she belongs to poor strata of society and was already having four children. Since her husband was drawing a meagre salary by doing labour work, both of them thought it fit that appellant should undergo sterilisation operation so as to restrict their family to the number which already existed. The precautions which were disclosed to her by respondent No. 1 at the time of operation were fully and strictly adhered to. Even a