R.S.A.No. 4295 of 2008 {1} In the High Court of Punjab and Haryana at Chandigarh C.M.No. 4713 -C of 2009 and R.S.A.No. 4295 of 2008 Date of Decision:August 25, 2009 Guru Nanak Paper Mills and others ---Appellants versus Amrit Adhlakha and another ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Puneet Jindal,Advocate, for the appellants Mr.H.S.Dhandi, Advocate, for the respondents. *** SABINA J. Plaintiffs had filed a suit for recovery of Rs. 11,06,841/-. Suit of the plaintiffs was decreed by Civil Judge (Senior Division) Rupnagar for recovery of Rs. 8,14,013.95 Paise vide judgment and decree dated 28.5.2001. Appeal filed by the defendants was dismissed by the District Judge, Rupnagar vide judgment and decree dated 24.7.2008. Hence, the present appeal by the defendants. During the pendency of the appeal, respondents-plaintiffs had moved an application for permission to amend the plaint. Learned counsel for the respondents-plaintiffs has submitted that inadvertently, in para 5 of R.S.A.No. 4295 of 2008 {2} the plaint, it had been mentioned that the plaintiffs had supplied fire wood to the defendants up to 28.12.1992 regularly whereas it was to be stated that the plaintiffs had supplied fire wood to the defendants from 28.12.1992 regularly as per their demand. Learned counsel for the respondents- plaintiffs has further submitted that the plaintiffs will not lead any evidence after the amendment of the plaint as they have already led evidence in this regard. However, in case the appellants-defendants will lead any fresh evidence before the trial court, plaintiffs be given an opportunity to lead evidence in rebuttal. Learned counsel for the appellants-defendants has not opposed the application for amendment of the plaint but has submitted that the amendment of the plaint be allowed and the case be remanded back to the trial court for a fresh decision. The defendants be permitted to file the written statement to the amended plaint and thereafter the trial court should proceed with the case in accordance with law. Faced with this situation, learned counsel or the respondents- plaintiffs has submitted that he has no objection if the appeal filed by the defendants-appellants is allowed and the case be remanded back to the trial court for a fresh decision. Accordingly, the application seeking amendment of the plaint is allowed. Office is directed to place the amended plaint on the record of the trial court. Consequently, in terms of the statements of the parties, this appeal is allowed, impugned judgments and decrees of the courts below are set aside. Case is remanded back to the trial court for a fresh decision from the stage of allowing the defendants-appellants to file their written statement to the amended plaint filed by the plaintiffs. Thereafter the trial R.S.A.No. 4295 of 2008 {3} court shall proceed with the suit in accordance with law. Trial court shall dispose of the suit expeditiously preferably within one year. The court fee affixed by the appellants while filing this appeal be refunded to them. Parties are directed to appear before the trial court on 5.10.2009. (SABINA) JUDGE August 25, 2009 PARAMJIT