( 1 ) THIS appeal by the plaintiff-appellant is directed against the judgment and decree of the Additional District Judge, Krishna, Machilipatnam, dated 1/10/1964, in A. S. No 47 of 1961, ordering the remand of the suit to the Court of the Subordinate Judge, Gudivada, for fresh disposal according to law, in the light of the observations contained therein.

( 2 ) IT is necessary to narrate the brief and material facts that led to this appeal. The appellant, who owns 4. 02 acres of land and a house, married the defendant, in the year 1957, when he was studying B. A class at Gudivada. He was forced and threatened by his father-in-law, in March 1958, when he was unwell and was studying for his ensuing April examination, either to consummate the marriage or to agree to divorce his wife. On 3/03/1958, Venkataramiah and the defendant father came to him and took him to the office of an Advocate Sri D. S. N. Acharyulu of Masulipatnam and got a registered notice prepared with false recitals to the effect that the plaintiff was impotent even at the time of marriage and continued to be impotent after marriage and he was prepared to have the marriage canceled. The plaintiff was co