JUDGEMENT
M.THANIKACHALAM J. -
(1.) The Revision Petitioner, as complainant, approached the District
Forum, in C.C.No.12/2007. seeking certain reliefs, against the opposite
parties, who are the respondent in this Revision, alleging as if they
have committed medical negligence elsewhere in the year 1997, which is
pending since the doctors have opposed the case, on various grounds.
(2.) Pending disposal of the case, the opposite parties have filed a
petition CMP.No.81/2010, seeking a prayer as follows:
pray this Honourable Forum that the summons may kindly be issued to
the expert witnesses for inspection of all records in the above case, to
examine the Abdomen (Front, Back and Sides) of the complainant and then
permit them to file Proof Affidavits to arrive at a just and fair
decision in the above case
which was opposed, by filing the counter by the complainant, who was the
respondent in that CMP.
(3.) The District Forum, considering the rival contentions of the parties,
felt that Dr.J.Ruby Pramela, had taken scan, which has disclosed the
presence of the kidney, as the case may be, can be examined, further
observing that on production of the copies of documents, they may be sent
to Jipmer Hospital, Pondichery, for inspection, for the opinion of
urologist expert, as per the order dt.5.7.2010. After the said order, on
16.7.2010, as represented and as seen from the records also, the opposite
parties have filed a memo, stating, that it may not be necessary for them
to examine the Urologist, thereby the have not pressed the said relief,
granted by the District Forum in CMP.No.81/2010, thereby retaining the
examination of Dr.J.Ruby Premila alone. The memo was accepted by the
District Forum. Thus aggrieved, the revision has been filed, by the
complainant.;
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