| Citation(s) |
|---|
| 1999 SLG 1081 1999 SLD 1081 1999 CLC 1905 |
Sindh High Court
Civil Suit No.837 of 1994, Civil Miscellaneous Applications Nos.6432 of 1995 and 1243 of 1996, decision dated: 2-09-1997
SABIHUDDIN AHMAD, J
Maqbool Baqar for Plaintiff. Liaquat Merchant for Defendants
Civil Suit No.837 of 1994, Civil Miscellaneous Applications Nos.6432 of 1995 and 1243 of 1996, decision dated: 2-09-1997
SABIHUDDIN AHMAD, J
Maqbool Baqar for Plaintiff. Liaquat Merchant for Defendants
NAIMUL HASSAN KHAN-----Plaintiff
VS
THE AGA KHAN UNIVERSITY MEDICAL CENTRE through President and another----Defendants
Law:
Section:
Civil Procedure Code (V of 1908)-------0. XIl, R.6---Judgment on admission---Decree---Plaintiff/applicant who met with an accident was admitted in defendant/respondent hospital where he was operated upon---Plaintiff/applicant who alleged negligence and lack of professional skill on part of defendant/respondent filed suit for damages against defendants- --Plaintiff who filed application under O.XIl, R.6, C.P.C. .alleged that report of Radiologist of defendant/respondent had constituted a clear "admission" to the effect that malalignment of his bone continued to exist even after operation---Plaintiff/applicant had contended that there was a clear admission on part of defendant that he was not treated properly and only unnecessary operation had been carried out by, defendant/respondent--Held: Admission, to constitute basis of a and decree, must be unequivocal and under O.XII, R.6, C.P.C. could be pronounced in discretion of Court---Prima facie parties were not at issue on question whether bone of plaintiff/applicant suffered malalignment, but the only issue was whether sutrh malalignment was a consequence of plaintiff/applicant's own negligence, which issue could only be determined at trial---Application filed by plaintiff/applicant under O.XIl. R.6, C.P.C. was dismissed, in circumstances. Mian Tajmul Hussain v. State Life Insurance Corporation 1993 SCMR 1193 ref. ORDER I. Civil Miscellaneous Application No.6432 of 1995 This is an application for a decree on admission filed by the plaintiff in the following circumstances. According to the plaintiff on 24-11-1993 he met a road accident whereby he sustained some internal injuries in his lower extremity at the level below the knee joint and was taken to Aga Khan University Medical Centre (defendant No.l) for treatment. He was admitted immediately and operated upon by defendant No.2 and discharged on 30-11-1993. He was, however, advised to visit the Orthopaedic Clinic of the defendant No. l firstly on 12-12-1993 and thereafter, on 9-1-1994 and directed to take some drugs. The surgery did not provide any relief and he continued to suffer extreme physical pain. He brought this fact to the notice of the defendant No.2…
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