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SA/184/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 184 of 2008
=========================================================
MEDICAL
OFFICER - Appellant(s)
Versus
INDRASINH
MATHUR SOLANKI & 2 - Defendant(s)
=========================================================
Appearance
:
MR
HS MUNSHAW for
Appellant(s) : 1,
None
for Defendant(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 13/08/2008
ORAL
ORDER
Heard
Mr. H.S. Munshaw, learned counsel appearing for the appellant.
Having
considered both the judgments under challenge in this appeal
preferred under Sec.100 of Code of Civil Procedure, the Court is
satisfied that substantial questions of law which need consideration
are involved in this appeal, which have been rightly posed by the
appellant in para-1G of the memo of the appeal. Therefore, the
appeal requires to be admitted. The appeal is therefore admitted.
The
following substantial questions are hereby posed for determination
as suggested by the appellant in para-1G of the memo of the appeal.
?S[1] Whether
the family planning scheme/family welfare scheme introduced by the
Central Government and State Government permits compensation for the
alleged failure of family planning operation?
[2] Whether
delivery of a child within eight months after performance of family
planning operation is the failure of family planning operation?
[3] Whether
medical science and statistics of World Health Organization assures
100% success in family planning operation to enable the patient to
get compensation on the alleged ground of failure of family planning
operation???
[C.K.
BUCH, J.]
pirzada/-
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