KARACHI, May 16: Justice Syed Ali Aslam Jaffery of the Sindh High Court on Friday directed the SHC’s Nazir to attach record of Dr. Ghafoor Medical Centre Karachi till further court orders on an application by plaintiff Mohammad Afsar Khan, praying to attach its record lying in the custody of the defendant.
Plaintiff had filed suit of Rs45.880 millions on account of damages under provision of Fatal Accident Act, 1885, in SHC pertaining to death of his wife Kishwar Afsar, who allegedly died on June 4, 2002, due to professional negligence on the part of defendants in imparting treatment to his wife.
Nasir Maqsood advocate submitted that hospital record is necessary for complete and effectual adjudication of matter in controversy and case of plaintiff mainly rests upon the said documents.
He stated if documents will remain in custody of the hospital, there is very likelihood of some tempering or misplacement in order to defeat the claim of his client.
He prayed for direction to Nazir of SHC to attach record of hospital in safe custody for being produced in court at time of evidence or as when required.
In support of his contention, he referred to two orders passed in civil suit by two different benches and reliance has been placed on cases of Hajra Begum Vs. Aga Khan University Hospital (PLD 1995 Karachi 603) and Raghunath G. Raheja Vs. Maharashtra Medical Counsel & others (AIR 1996 Bombay 198).
The court held that “In view of above stated legal and factual position, I feel inclined to grant this application,” and directed Nazir of SHC to attach and take custody of hospital re-cord presently in possession of defendant and to seal the same till further order of this court.
The court also directed that in case of any resistance from defendants or any one on their behalf, the Nazir may seek assistance of concerned police station. — PPI
