JUDGMENT : Sanjay Karol, J. - It is a settled law that plaintiff is master of his suit. However, it is equally true that if suit is to be withdrawn with liberty to file afresh, not only the defendant has a right to be heard but Court is also duty bound to decide the issue with respect to the liberty sought for filing a subsequent suit. 2. In the instant case, trial Court has specifically not dealt with the issue of liberty, so reserved in favour of the plaintiffs (respondents herein) to file subsequent suit. Yet application stands allowed. The approach so adopted by the Court below, to say the least is absolutely casual. 3. Be that as it may, the fact of the matter is that prior to submission of report of the Local Commissioner, so appointed during the pendency of the suit, two such reports are already on record. 4. Plaintiffs had also prayed, though in the alternative, for demolition of structure so raised, if any, and possession of the suit land in the event of being dispossessed during the pendency of the suit. 5. In this view of the matter, trial Court committed serious illegality in allowing the plaintiffs' application filed under Order 23, Rule 1 CPC, without even adverting to the objections, so raised by the defendants (petitioners herein). 6. As such, impugned order dated 01.06.2012 (Annexure P-8), passed by Civil Judge (Junior Division) Rajgarh, Camp at Sarahan, District Sirmour, H.P., in CMA No. 60/6 of 2012, titled as Khushi Ram v. Sanjay, is quashed and set aside, reserving liberty to the parties to seek amendment of the pleadings, if so advised and desired. The question of correctness of the report of the Local Commissioners, is left open to be adjudicated and determined during the pendency of the suit. 7. Also trial is expedited. Parties through their learned counsel undertake to fully cooperate. Noticeably suit was filed in the year 2006. As such, there is a direction to the trial Court to conduct the trial and decide the suit within a period of one year from today. With the aforesaid observations, present petition stands disposed of, so also pending applications, if any.