1. The plaintiff (respondent) filed the suit for forma pauperis for recovery of certain amount. The State of Punjab was sued through the Chief Secretary to Government of Punjab. When summonses were issued for December 10, 1986, and the same were served on the Chief Secretary, a letter was written to the Court dated November 18, 1986, that since the detailed particulars of the case have not been made available, no written statement could be filed. Moreover, the case relates to the Health Department and unless the particulars are made available, the Health Department could not be directed to file the written statement. In spite of the said letter dated November 18, 1986, the Court proceeded ex parte against the State of Punjab on December 10, 1986. However, meanwhile the suit was being contested by defendant No. 2. When an application was filed for setting aside the ex parte proceedings on behalf of the State of Punjab, the trial Court dismissed the same on the ground that under S.79, Civil P.C., the State of Punjab is to be sued through the Chief Secretary and consequently, dismissed the application vide impugned order dated May 12, 1988.

2. Learned counsel for the petitione