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1971 Supreme(Mad) 684

P.S.KAILASAM, GANESAN
Sigappiachi – Appellant
Versus
M. A. P. A. Palaniappa Chettiar – Respondent


Advocates:
R. Kesava Iyengar for A. Sundaram Iyer, V. Srinivasan and V. Kannan, for Appellants; in A.S. No.201 of 1962 and for Respondents in A.S. No.44 of 1963, and for Petitioners in C.M.P. No.5447 of 1971; D. Ramaswami Iyengar for K. Gopalachari and K. Sarvabhauman, for Respondents in A.S. No.201 of 1962 and for Appellants in A.S. No.44 of 1965 and for Respondents in C.M.P.5447 of 1971.

Judgement

KAILASAM, J.:- The appellants in A.S. No.201 of 1962 have filed this review petition on the ground that there is an error apparent on the face of the record. Their contention is that interest has not been awarded under Section 34, C.P. Code. It is also contended that the principal sum adjudged is Rs.34,773.68 on which alone interest can be awarded under Section 34, C.P. Code.

2. It is unfortunate that in the course of the prolonged hearing of the appeal, this point relating to interest was not raised by either of the parties. In the concluding part of our judgment, we directed that the interest that had been allowed by the lower Court upto the date of suit be confirmed and that from the date of suit compound interest on the amount found due at 7½ per cent will be calculated upto the date of realisation.

3. Section 34, Civil P.C. provides :-

"(1) Where and in so far as a decree is for the payment of money, the court may, in the decree order interest at such rate as the court deems reasonable to be paid on the principal sum adjudged from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institu
















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