1979 Supreme(AP) 27

Andhra Pradesh High Court
Judges : RAMACHANDRA RAO
Yellamma Ammavaru - Appellant
Versus
Gandham Apparo - Respondent
C.R.P. 3932/78
Decided On : 01-25-79

Headnote:Civil Procedure Code, Or. 14 R.5 and A.P. Court Fees and Suits Valuation Act Sec. 11(4) – Additional issue framed by trial Court after remand by appellate Court as regarding the valuation of suit – Objection made to the entertain ability of the additional issue – Not sustainable.

       Held : In the instant case, the· trail after remand of the suit has commenced and therefore there is no bar to the raising a question relating to valuation and Court - fee. The suit was tried and decided with out any objection with regard to valuation or Court-fee and in the appeal also the same valuation was adopted and Court - fee was paid and the case was remanded ultimately by the Appellate Court for fresh disposal. But it does not appear that there was any specific Issue framed with regard to valuation or Court fee and any decision rendered on such an issue. Therefore there was no decision either by the trial court prior to remand or by the Appellate Court on appeal, with regard to valuation and Court-fee. Therefore the trial Court can frame an issue with regard to valuation and Court-fee.

       Once there was no decision on the specific issue with regard to valuation and Court-fee by the trial court not such an issue was raised before the Appellate Court and there was a general remand of the suit for fresh trial, it must be held that all the proceedings commencing from the trial of the suit must be deemed to have been to set at large and it is open to the trial Court to proceed as if it was a fresh trial and no reliance can be placed upon the proceedings which had taken place in the trial Court earlier as the same were set aside by the Appellate Court on remand and those proceedings must be deemed to be nonest in which case it follows that the trial of the suit has not yet commenced and. therefore the trial Court has ample jurisdiction to frame an additional issue with regard to valuation and Court-fee.

       C.R.P. DISMISSED