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1996 Supreme(P&H) 439

SAROJNEI SAKSENA
Mehar Chand – Appellant
Versus
Tulsi Ram – Respondent


Judgment

1. Brief resume of the facts is that the defendant-judgment-debtor took a loan of Rs. 2,000/- from the plaintiff-decreeholder. Plaintiff-decree-holder obtaining an ex parte decree for an amount of Rs. 3400/-. It was also ordered in the decree that the plaintiff-decree-holder will be entitled to 6 per cent interest per annum on the decretal amount from the date of filing of the suit till realisation.

2. Judgment-debtor deposited Rs. 4280/on May 20, 1990, alleging to be payment in full and final satisfaction of the decree. This amount is withdrawn by the respondentdecree-holder. Judgment-debtor-petitioner has calculated interest at the rate of 6 per cent per annum as ordered in the decree on the Principal amount of Rs. 2,000/- from the date of filing of the suit till payment. Petitioners contention is that by the impugned order the executing Court erred in law in holding that the decree-holder is entitled to interest at the rate of 6 per cent per annum pendente lite on the adjudged interest as well, which, according to the petitioner, is against the statutory provisions of S. 34 of the Code of the Civil Procedure (in short, the Code) and also against the principles of natural















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