CC NO.

323 OF 2022
Objections to the Complainant’s IA filed under ORDER 15 RULE 1A READ WITH SECTION
151 of CPC,1908
a. At the outset, it is submitted that this application to recall the stage and to introduce a
new witness is not legally sustainable.
b. It is submitted that, the claim of the Complainant that the proposed witness (Who
happens to be the father of the complainant has witness to Medical Negligence and
deficiency of service of the OP’s is something inexplicable and unfounded. It is only
because the complainant’s allegations about the negligence of OP’s is pertaining to a
particular surgery that was Conducted within the OT namely, Laparoscopy, umbilical
hernia Repair. The complainant’s claim of the proposed witness witnessing the
negligence on the part of the OP’s cannot be a Fact; apart the complainants claim that the
pancreatitis suffered by the patient is because of the conducted surgery itself is a
medically non feasible and impractical. It is only because Pancreatitis can be a matter of
idiopathic, meaning thereby without any known cause. This is indicated as the patient has
3 pancreatic Attack as per her own admission.
c. It is further submitted that at this stage of proceeding seeking recall is purely a matter of
after thought which is highly motivated in nature.
d. It is further Submitted that, the very relationship between Complainant and the proposed
witness doesn’t reflect any neutrality or impartiality.

In view of the above reasons, it is prayed that the application may be dismissed.