There was no privity of contract between Plaintiff and Defendant no 2.The tender to Defendant No.2 was submitted by Defendant No.1 and the order by the hospital was also placed on Defendant No. l. The Plaintiff had claimed no relief against defendant No.1. The issue was decided against the Plaintiff and in favour of Defendant No.2. and therefore dismissed against Defendant No.2 and was decreed only against Defendant No.1 for recovery of Rs 30,000/- with pendente lite and future interest at the rate of 9% per annum and proportionate costs of the suit.
