TELIKICHERLA KANDALA SRIMANNARAYANA CHARYULU Vs. KOYAL KANDADAI BHAVANACHARYULU ALIAS MODALIANDAN SWAMULUVARU (DECEASED) AND ORS.

JUDGEMENT

(1.) THE only ground on which the learned Subordinate Judge remanded the suit for a re -trial after framing additional issues is that contained in paragraph 5 of the judgment. He says:

(2.) IT is contended on behalf of the respondents that there was a consent memo. filed by both parties on the 19th September, 1945, that is on the very date on which the judgment of the learned Subordinate Judge was pronounced; but there is nothing in the judgment to show that the learned Judge remanded the suit because the parties consented to such a course. If the learned Judge intended to remand the case because the parties consented to such a course then he should have confined the trial after remand to the conditions specified in the memo. signed by the advocate for the respondents and the advocate for the appellant. The terms contained in the memo, are: