No inference could be drawn against professionals discharging legal duty on mere perception of plaintiff

Tripura High Court: A Single Judge Bench comprising of Ajay Rastogi, CJ, dismissed a revision petition filed against the order of the trial Judge whereby he refused the application filed by the petitioner-plaintiff for seeking expert opinion to prove medical negligence against the respondent-defendant.

A case was filed by the plaintiff against the defendants (doctors) alleging medical negligence against them. The defendants filed written statements and thereafter, an application was moved by the plaintiff for referring the matter for expert opinion from the doctors of AIIMS or Christian Medical College, Vellore. The trial Judge, without allowing the said application, directed the matter to be listed for cross-examination. The plaintiff filed the instant revision against Order of the trial Judge. The High Court observed that the plaintiff moved the said application on the ground that the experts belonged to the same fraternity as that of the defendant doctors and therefore nobody would come forward against them; thus direction was sought from the Court to summon for expert opinion. The Court held that the plaintiff drew her own impression that no expert would opine on the matter. Her suspicion was without any foundation. The Court held that the defendants, who were professionals, were discharging legal duty to the public and no inference could be perceived by the Court on basis of plaintiff’s mere perception. Accordingly, the instant petition was dismissed. [Prabati Das v. State of Tripura, 2018 SCC OnLine Tri 60, order dated 3-5-2018]

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