B. PRAKASH RAO, J.

( 1 ) THIS matter is coming up before us for consideration on a reference made by one of us (bpr, j.) On the question as to, whether in an appeal filed at the instance of defendant against a decree obtained by the plaintiff for recovery of money, though not awarding interest, the appellate court can award interest in exercise of powers under Rule 33 of order xli C. P. C. in the absence of any appeal preferred by the plaintiff.

( 2 ) HEARD Sri M. S. Ramachandra Rao, learned counsel apearing for the appellants and Sri K. Subramanyam, the learned counsel appearing for the respondents.

( 3 ) THE facts, which are not in dispute and in brief, are that the appellants herein are the defendants 1 and 2 and the suit filed by the respondents/plaintiffs herein is for dissolution of firm and rendering accounts against the defendant No. 1 and payment of amounts found due. After contest, a preliminary decree was passed dissolving the firm and fixing the liability to render accounts and the extent of shares held by the plaintiffs and the defendant Nos. 1 to 4. Subsequently, in pursuance of final decree proceedings, after considering the report of the commissioner, a final decree

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