CMPMO 305 of 2007. 25.7.2008 Present: M/S. Tarlok Chauhan and Anand Sharma, counsel for the petitioners. Ms. Ruma Kaushik, Addl. AG, for respondents 1 to 3. Mr. Ashwani Sharma, counsel for respondent No. 4. This petition has been instituted by the plaintiffs against the order passed by the learned trial Court praying for permission to lead evidence. The plaintiffs have averred that because of non communication regarding the intent and purport of the order passed by Court, the petitioners-plaintiffs could not lead evidence on merits of the case and were under the impression that it was only on the question of limitation that evidence was required to be led. The application filed by the petitioners herein to lead evidence on the merits of the case was opposed by the respondents-defendants. The learned Court has denied permission on the ground that on 30.5.2006 the counsel for the plaintiff was present and on that day it was explained to him that point of limitation would be decided alongwith the main case. Nine issues were settled and the counsel was aware about this. Information given to the counsel was treated as -2- knowledge on behalf of the plaintiffs and the request of the petitioners herein was accordingly denied. The Court record regarding settlement of issues including issue of limitation, cannot be controverted. However, by now it is well settled that a party cannot suffer on account of fault of the counsel. (See Rafiq and another v. Munshilal and another, AIR 1981 SC 1400). Surely, it was the duty of the learned Court to have applied its mind to the facts of the case and the averments made in the application which were relevant and germane for the decision of this case. In this view of the matter, the order dated 11.12.2007, passed by the learned Additional District Judge, Mandi in CMP No. 221/07 is quashed and set aside. Permission sought for by the petitioners for leading evidence is granted. Parties shall appear before the trial Court on 26.9.2008. There shall be no order as to costs. Pending application(s) shall stand disposed of. July 25, 2008 (PC). (Dev Darshan Sud), J.