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2009 Supreme(Del) 1211

HIMA KOHLI
IN THE MATTER OF : S. K. MALHOTRA – Appellant
Versus
MAN MOHAN MODI – Respondent


Judgment

HIMA KOHLI, J. (ORAL)

1. The present appeal is filed by the appellant against the judgment dated 18.12.1996 rendered in a summary suit for recovery of Rs.1,76,085/- filed by the appellant against the respondent under Order XXXVII of the Code of Civil Procedure. The aforesaid suit was decreed ex-parte in favour of the appellant for a sum of Rs.1,17,000/- with proportionate costs and future interest payable @ 12% per annum against the respondent.

2. The appellant, who appears in person, states that he is aggrieved by the impugned judgment limited to non-grant of pendentelite interest claimed by him @ 18% per annum. The suit is based on a claim of the appellant that in the year 1982, he had advanced a loan of Rs.1,17,000/- to the respondent. As the loan advanced was not repaid by the respondent, the appellant was compelled to institute a suit against him in the trial court. Though the respondent entered appearance and contested the suit by filing a written statement, thereafter, he stopped appearing and was proceeded against ex-parte vide order dated 17.10.1996. The suit was ultimately decreed in favour of the appellant on 18.12.1996. The appellant submits that apart from futu




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