The main legal point established is that the appellant/plaintiff is entitled to payment of interest from the date of institution of the plaint in the event of the suit being decreed, as per Section 34 of CPC.

JUDGMENT :

R. Subbiah, J

(Prayer: Original Side Appeal filed under Order XXXVI Rule 9 of The Original Side Rules against the order and decretal order dated 28.08.2017 made in Application No. 601 of 2017 in C.S. No. 17 of 2006 on the file of this Court in so far as it restricts the grant of interest for the suit claim from the date of application for amendment of plaint.)

This appeal is filed by the plaintiff in C.S. No. 17 of 2006 against the order dated 28.08.2017 passed by the learned Single Judge in Application No.601 of 2017 in C.S. No. 17 of 2006, filed under Order XIV Rule 8 of the Original Side Rules of this Court, read with Order VI Rule 17 of the Civil Procedure Code (CPC), since the appellant is aggrieved by the order dated 28.08.2017 only insofar as it restricts the date from which the plaintiff will be entitled to payment of interest. For ready reference, the relevant portion of the order dated 28.08.2017 passed by the learned Single Judge is re-produced hereunder.

“3. .....However, the Court is also to keep in mind the fact that this amendment is made pending the suit and consequently, if at all, the issue of interest is to be decided, the Court must keep in mind that the plaintiff has actually sought interest from the date of filing the amendment application and the amendment application has been allowed only on this date, namely, 28.08.2017.

4. With such observations, this application is allowed. Plaintiff is directed to carry out the amendment and file amended plaint copy on 13.09.2017.”

2. The appellant herein, as Plaintiff, has filed the aforesaid suit in C.S. No. 17 of 2006 before this Court. The suit was instituted for the relief of recovery of money from the respondents/defendants towards the production cost of tele-serial and for damages. For the purpose of adjudication of this appeal, the plaint averments are not necessary. What is required to be looked into is the prayer sought for in the plaint, which is extracted hereunder:-

“15. The Plaintiff therefore prays for a judgment and decree against the defendants;

(a) directing the defendants jointly and severally to pay to the plaintiff a sum of Rs.27,00,000/- along with interest from the date of decree till the date of realisation

(b) directing the defendant to pay cost; and

(c) Grant such other relief or reliefs as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

3. The aforesaid suit was filed on 07.09.2005, but numbered only in the year 2006. The summons in the suit were served on the respondents/defendants on 10.02.2006. Since the defendants in the suit did not contest the suit, an ex-parte decree was passed on 12.02.2008. Armed with the ex-parte decree passed in the suit, the appellant/plaintiff demanded the decretal amount from the respondents/defendants on 08.11.2010, but there was no response. Therefore, the plaintiff filed Execution Petition No. 478 of 2015 for executing the decree before this Court, which was subsequently transmitted to the jurisdictional Court at Delhi.

4. At this stage, the respondents/defendants filed applications being Application Nos.1856 and 1857 of 2016 before this Court. Application No. 1856 of 2016 was filed for condoning the delay of 1600 days in re-presenting the application to set aside the ex-parte decree and Application No.1857 of 2016 was filed to set aside the ex-parte decree dated 12.02.2008. The respondents/defendants have also filed yet another application in Application No.2279 of 2016 for condoning the delay of 3650 days in filing the written statement in the suit. After the applications in A.Nos.1856 and 1857 of 2016 were allowed, Application No.2279 of 2016 was allowed on 19.07.2016 and the delay was condoned on condition that the respondents/defendants shall deposit a sum of Rs.25 lakhs being a portion of the suit claim and further to pay a sum of Rs.25,000/- to the plaintiff as costs.

5. Aggrieved by the order dated 19.07.2016 in Application No.2279 of 2016 con