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1973 Supreme(Raj) 76

LODHA
Gulab Bai – Appellant
Versus
Ram Pratap – Respondent


Advocates Appeared:
S.N. Chhangani, for Petitioner; D.S. Shishodia, for Non-petitioner

LODHA, J.—This is a revision by the defendant from the order of the Munsiff, Kota dated 19-8-1972 in Civil Original Case No. 290 of 1970, by which the learned Munsiff, allowed the application moved by the plaintiff-respondent under sec. 152 Civil P. C. and directed that the preliminary decree be amended and a direction be added in the decree that the plaintiff is entitled to get interest at the rate of 24 per cent per annum from 1-10-1969 (date of the suit) to 11-1-1971 (date of preliminary decree) and at the rate of 6 per cent per annum from 12-1-1971 till the realisation of the, amount.

2. The facts leading to the proceedings out of which this revision arises are not in dispute. The plaintiff-respondent Rampratap filed the suit for recovery of Rs. 3600/-along with costs and interest against the defendant petitioner and prayed that in case the defendant did not pay the amount within such period as may be fixed by the court, a direction may be given for sale of the mortgaged property. After trial the learned Munsiff, Kota passed a preliminary decree on 11-1-1971 under O. 34, r. 4 CPC for a sum of Rs. 3600/-, and it was further ordered that the defendant shall pay into the court the














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