PLAINT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO. 285 OF 2019

IN THE MATTER OF:

Mr. A …Plaintiff

V/s

Mr. X …Defendant

The Plaintiff named above most respectfully states as under:

1. That the present suit is being filed under Article 226 of the Indian
Constitution,
2. That the Plaintiff is engaged in a business of a retail store, of marketing and
selling books in various fields having its Registered Office at 4 Bungalows,
Andheri, Mumbai. Mr. A through whom the present suit is being instituted is
the sole proprietor of the Plaintiff and he is fully competent to engage the
counsel, sign the Vakalatnama, Plaint, Affidavit, etc. to depose before this
Hon’ble court and to do such other acts and deeds,
3. That the Plaintiff’s wife, Mrs. Sundari visited the Defendant’s clinic on July
29, 2014 for her health problems. The Defendant examined the Plaintiff’s wife
and advised her to get operated immediately,
4. That the Plaintiff’s wife understanding her critical condition agreed for the
operation,
5. That the Defendant is a registered Gynecologist under Medical Council of
India with the clinic situated in 4th floor, Cooper hospital, Mumbai,
6. Before the said operation a consent form and other legal forms were signed by
the Plaintiff’s wife as Annexure A; Annexure B; and Annexure C
7. That the plaintiff was asked to pay a certain percentage of the final amount of
the bill before the operation. An amount of Rs. 50,000 was deposited in the
Defendant’s Clinic. A copy is annexed herewith and marked as Annexure D,
8. The total amount for the operation was calculated as Rs. 4,00,000/- (Rupees
four lakhs only). It was conveyed by the defendant vide Invoice no.
2652 dated August 08, 2014. A copy is annexed herewith and marked
as Annexure E,
9. That Plaintiff was informed about the death of the Plaintiff’s wife after the
operation along with a few other medical reports. A copy is annexed herewith
and marked as Annexure F and Annexure G,
10. That the Plaintiff along with his children had suffered a serious mental and
emotional trauma due to the death of the Plaintiff’s wife,
11. That the Plaintiff after a careful consideration took the said reports and
consulted another registered doctor, Mrs. G, who then relieved that the cause
of the death was due to the negligent act of the Anansthesist under the
consultation of the Defendant,
12. That there is a breach of duty of care while operating and since the patient was
under the supervision of the Defendant, then the Defendent should be held to
be vicariously liable for such wrong committed as mentioned in Mr. M
Ramesh Reddy v. State of Andhra Pradesh,
13. That the present suit being filed by the plaintiff against the defendant is the
first suit and no such suit has been previously filed, pending or decided by any
court of law on the same subject matter,
14. That plaintiff and the defendant work and live in Mumbai, within the
territorial jurisdiction of this Hon’ble court. Therefore, this Hon’ble court has
got the jurisdiction to entertain and try the present suit,
15. That the value of the suit for the purposes of jurisdiction and payment of court
fee is approximately Rs. 4,00,000/- (Rupees four lakhs only)and the mental
and emotional trauma that the Plaintiff and his children had to suffer along
with the Court fee of Rs. 2875.00 (Rupees two thousand eight hindered and
seventy five only) is requested to this Hon’ble court to grant to the Plaintiff.
Prayer:

The plaintiff thereby prays:

• That the amount of the operation and the other medical expenses upto
Rs. 4,00,000 to be granted to the Plaintiff as damages,
• That the mental trauma that the Plaintiff and the children of the Plaintiff had
to suffer, hence Rs. 20,000 to be granted,
• That the costs of the suit be awarded to the plaintiff against the defendant.

Mumbai

Plaintiff

Date: September 28, 2019

 VERIFICATION

I, the plaintiff above named, do hereby verify that the contents of this plaint from
paragraph 1 to 15 are true and correct to my personal knowledge and the paragraphs
are believed to be true and correct according to the legal advice received to me.

Signed and verified on September 28, 2019 at Mumbai.

Plaintiff
 Date: 2nd September 2019

To,
Mr. Z,
Advocate for Defendant
6 Old Oriental.,
N.M. Road,
Fort, Mumbai 400 001

Ref:

BEFORE THE HON’BLE HIGH COURT OF JUDICATURE AT BOMBAY,

SUIT NO. 561 OF 2014

Mr. A …Plaintiff

V/s

Mr. X …Defendant

Dear Sir,

We are concerned of our client, the Plaintiff above named. As informed by you on the
last hearing of the above captioned matter; 27th July, 2019, it was brought to this
Hon’ble Court’s notice that Defendant No. 1 has passed away and you have furnished
a copy of the said death certificate; hereto annexed the copy of the Death Certificate.
Pursuant to that, please provide us with the name and full address of the legal heir of
Defendant No.1 within the next three working days. Thank You.

Yours faithfully,

Advocate for the Plaintiff