SATYANARAYANA RAJU, J.

( 1 ) THESE appeals are from a common judgment of the Court of the District Judge, West Godavari. Appeals Nos. 471/1956 and 302/1957 arise out of O. S. No. 44 of 1950, and appeal No. 231/1960 arises out of O. S. No. 45/1950.

( 2 ) O. S. No. 44/1950 was originally instituted on 1/10/1944, in the Court of the Special Assistant Agent, Kovvur. After a lapse of about four years, on 31/12/1948, the Special Assistant Agent returned the plaint for presentation to the Agents Court. Pursuant to this order, the suit was transferred to the Agents Court on 17/01/1949. Eventually the suit was transferred from the Agents Court to the Court of the District Judge, West Godavari, where it was numbered as O. S. No. 44 of 1950. The connected suit was originally filed as O. S. No. 2 of 1948 on the file of the Agency Court, and was subsequently transferred to the District Court, West Godavari where it was numbered as O. S. No. 45 of 1950. The two suits were tried together with the consent of the parties. The evidence was recorded in O. S. No. 45 of 1950, and it will be convenient to refer to the ranks of the parties therein, and that was indeed the course adopted by the lower Cour

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