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Judgment
B.V.L.N. Chakravarthi, J
The Appeal Suits came to be filed by the appellant/plaintiff under Section 96 of the Code of Civil Procedure 1908, r/w. Rule 49 of the Andhra Pradesh Agency Rules, 1954, challenging the common judgment and decrees, dated 13.12.2022, on the file of Agent to the Court-cum-Agency District Judge, A.S.R.District, Paderu, passed in I.A.No.01A/2022 in A.O.S.No.01 of 2022 and A.O.S.No.03 of 2022.
Heard Sri Surepalli Madhava Rao, learned counsel for the A ppellant/Plaintiff and Sri Bolla Venkata Rama Rao, learned counsel for the Respondents/Defendants. Perused the material on record.
The parties in these Appeal Suits shall hereinafter be referred to as arraigned in the A.O.S. for convenience and clarity.
The learned counsel for the appellants/plaintiffs and respondents/defendants would admit that the impugned common judgment under challenge was rendered, while considering the interlocutory application No.01A/2022 in A.O.S.No.01/2022 and A.O.S.No.03/2022 for Temporary Injunction. The learned Agent to the Government passed the common judgment, without following the procedure contemplated for trial of the suits in Andhra Pradesh Agency Rules, 1924. Therefore, the impugned common judgment and decrees of the learned Agent to the Government are not sustainable in law.
Both the suits were filed for declaration of title and permanent injunction. The plaintiff filed an interlocutory application vide I.A.No.01A/2022 in A.O.S.No.01/2022. The learned Agent to the Government while enquiring into the said application, disposed of both the suits by delivering the impugned common judgment.
The learned counsel for plaintiffs and defendants would submit that the Andhra Pradesh Agency Rules, 1924 will apply for institution, trial and determination of suits filed before the Agent to the Government. It is an admitted fact that both the suits were instituted before the learned Agent to the Government under the Rules of Andhra Pradesh Agency Rules, 1924. Rules 14 to 28 of the Andhra Pradesh Agency Rules, 1924 deal with the institution, trial and determination of the suits coming before the Agent to the Government.
Rule 15 speaks that “except where otherwise provided in the Rules, the trial of civil suits shall be conducted by the Courts by receiving written statements, and when the parties are at issue of question on some law or fact, may proceed to determine such issue or issues, on receiving evidence and examination of witnesses, and later, pronouncement of judgment.
Both the counsel would admit that the learned Agent to the Government did not follow the above procedure before delivering the impugned common judgment. They sought for remand of the matter to the trial Court for fresh consideration as per law.
The foregoing facts and circumstances discussed would disclose that the learned Agent to the Government did not follow the procedure contemplated for institution, trial and determination of the suits laid down in Andhra Pradesh Agency Rules, 1924, and rendered the impugned common judgment, while enquiring into an interlocutory application. Such a practice adopted by the learned Agent to the Government is unknown to law and shocks the consciousness of this Court. It appears that the learned Agent to the Government is not aware of about the procedure contemplated for institution, trial and determination of the suits in Andhra Pradesh Agency Rules, 1924. Therefore, he disposed of the suits by rendering the impugned common judgment, while enquiring into an interlocutory application, causing prejudice to the rights of both parties.
In the light of foregoing discussion, this Court is of the considered opinion that the impugned judgment rendered by the Agent to the Government is liable to be set aside and both the suits be remitted to the Agent to the Government Court for fresh disposal as per the procedure laid down in Andhra Pradesh Agency Rules, 1924.
In the result, both the Appeal Suits i.e., A.S.No.13/2023 and 76/2023 are allowed, by setting aside the common judgment and decrees dated 13.12.2022 passed in I.A.No.01A/2022 and A.O.S.No.01/2022 and A.O.S.No.03/2022. Both the matters are remitted to the Court of Agent to the Government-cum-Agency District Court, ASR District, Paderu, with a direction to dispose of both the suits as per the procedure contemplated in Andhra Pradesh Agency Rules 1924, as expeditiously as possible, preferably within a period of six (06) months, from the date of receipt of copy of this common judgment. There shall be no order as to costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
The Registry is directed to send the trial Court record forthwith to the Court of Agent to the Government-cum-Agency District Court, ASR District, Paderu.