JUDGMENT :

(Harish Tandon, J.) :

1. The instant appeal has been filed by the plaintiff-appellant even after a decree for mesne profit having passed in their favour but felt aggrieved by non granting of the interest thereupon. The instant appeal is thus restricted to a question whether the Court below while granting the decree for mesne profit was obligated to grant an interest thereupon. There is no cross-objection filed by the contesting respondent and therefore, we proceeded to decide the aforesaid point involved in the instant appeal.

2. A prelude to a dispute leading to the institution of the suit by the plaintiff-appellant is required to be recapitulated in dealing with the points mentioned hereinafter. A suit being Suit no. 281 of 1983 was filed in the Original Side of this Court by the respondent herein for various reliefs in relation to a decretal property and an appeal being APO 8 of 2000 was filed against an order passed therein. Initially, the said suit was instituted against Poddar Shrof & Ors and a term of settlement was filed on 11th July, 2001 by the respondent bank, the Proforma Defendant no. 2 therein and the Plaintiff no. 1. By virtue of a Terms of Settlement it was