out as to how newly added defendants were added, plaint was amended, written statements were filed by the newly added defendants and plaintiff filed replications to the written statements of the newly added defendants. 20. After receiving the main case file after remand vide judgment dated 13.12.2013 passed by this Court, learned Civil Judge concerned has recorded the oral evidence of the parties in absence of amended plaint, written statements of the newly added defendants, replications etc. In absence of pleaded case of the parties, learned Civil Judge concerned has proceeded to dismiss the suit in a slipshod manner on the basis of surmises and conjectures. Learned Civil Judge (Senior Division), Court No 1. Ghumarwin, District Bilaspur, H.P has failed to find out that the amended plaint, written statements to the amended plaint, replications etc. were not on record. There was ample opportunity with the learned Civil Judge (Senior Division). Court No.1, Ghumarwin to ask for the amended plaint, written statements to the amended plaint of the newly added defendants, replications and to go through the evidence led by the parties. At the time of passing the impugned judgment and decree, learned Civil Judge (Senior Division) Court No.1, Ghumarwin was not having knowledge about the pleadings of the amended plaint, pleaded case in the written statements of the newly added defendants and replications.”
