( 1 ) THIS is first appeal under Section 96, C. P. C. by defendant No. 2 State of Madhya Pradesh against the judgment and decree by which compensation of Rs. 50,000/- has been awarded to the plaintiff for "failure of sterilisation".

( 2 ) IT is no longer in dispute that plaintiff Sundaribai had two sons. At the time of the birth of second son on 27-8-1980 she got her "sterilisation" done so that there is no further pregnancy. The operation was performed by defendant No. 1 Dr. R. Rathore, Assistant Surgeon, Ashta in the Government hospital "by litigation method". She conceived again in the year 1986 and gave birth to a female child on 8-12-1986.

( 3 ) THE plaintiff 's case is that she is a poor and illiterated lady. She was told by the lady doctor that she would not have any further pregnancy. According to the plaintiff the defendant No. 1 acted neligently in performing the tubectomy operation. She claimed Rs. 50,000/- as compensation for "failed sterilisation" for expenses incurred in the delivery, for rearing the female child and her marriage, against the doctor and the State Government.

( 4 ) THE case of the defendants is that the sterilisation was done by "typing