PADMANABHAN
Jameela Beevi – Appellant
Versus
State Bank of Travancore – Respondent
One of the questions raised in this appeal filed by the defendants against a decree for realisation of money charged on immovable properties is that a decree for sale of all the properties is not necessary because the amount could be realised from some of the items alone. That is implied in the decree itself. How much of the properties will be necessary or sufficient to satisfy the decree could be considered in execution. So
much of the properties sufficient to satisfy the claim alone will be sold.
2. The other question is regarding rate of interest. The award of interest under S.34 of the Code of Civil Procedure after the date of suit is entirely in the discretion of the court though the discretion has to be exercised on sound judicial principles. But what is contained in S.34 is the general provision regarding award of interest. It is trite law that a general provision applicable to general situations must give way for special provisions applicable to special situations when such situations are under consideration. What is contained in 0.34, R.11 Code of Civil Procedure regarding award of interest is a special provision applicable to decrees passed in suits for foreclo
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