R. L. Anand, J.

1. After hearing the learned counsel for the appellant, I am of the opinion that there is no illegality or impropriety in the impugned judgments.

2. Surinder Kaur filed a suit for damages for a sum of Rs.3,00,000 in the form of forma pauperis on the plea that in spite of the fact that she undertook a major family planning operation, she conceived a child and this was due to the sheer negligence of the doctor who operated upon her. The suit was contested by the State of Punjab mainly on the ground that the plaintiff could undergo termination of pregnancy the moment she came to know that she was conceiving a child.

3. The following issues were framed by the trial court:

(1) Whether defendant No.4 had been negligent in performing the tubectomy operation of the plaintiff? OPP (2) Whether the plaintiff is entitled to recover any amount by way of damages on account of any negligence shown by defendant No.4 in performing tubectomy operation? If so, out of whom? opp (3) Whether the plaintiff has served a valid notice under sec. 80, Civil Procedure Code? OPP (4) Whether the suit is bad for mis-joinder of necessary parties? OPD (5) Whether the suit is not maintainable