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1990 Supreme(All) 156

N.N.MITHAL, R.A.SHARMA
KALYANPUR COLD STORAGE – Appellant
Versus
SOHANLAL BAJPAI – Respondent


( 1 ) THE list has already been revised but no one is present for the appellant. The appellant has also failed to supply the paper book. We, therefore, dismiss this appeal in default.

( 2 ) THERE is also a cross-objection filed by the plaintiff-respondent claiming additional rate of interest and also interest on a higher amount. The requisite court-fee has been paid on the cross-objection. Having heard Sri K. L. Grover, learned Counsel for the respondent, we find that there is merit in the submission made on his behalf. The contention of the respondent is that under S. 34 of the Code of Civil Procedure, interest at a reasonable rate can be awarded by the Court on the principal sum adjudged and in addition thereto the interest on the principal sum of money at a reasonable rate prior to the date of the institution of the suit with further interest not exceeding 6% per annum as the Court may deem reasonable.

( 3 ) THE respondents argument, therefore, is two-fold. Firstly it is submitted that the principal sum adjudged by the Court is Rs. 41,457. 05 although the original principal sum advanced to the appellant was Rupees 13,500/ -. The Court, therefore, was not justified in awarding in





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