(1.) What is the meaning to be assigned to the phrases "the principal sum adjudged" and "such principal sum" as occurring in S. 34 of the Code of Civil Procedure, 1908 (as amended by the Code of Civil Procedure (Amendment) Act (66 of 1956) w.e.f. 1-1-1957), a question of frequent recurrence and having far reaching implications in suits for recovery of money, specially those filed by banking institutions against their borrowers, has been referred by a three-Judges Bench of this Court to the Constitution Bench.
(2.) It will be useful to reproduce the order of reference dated 7th May, 1996 (since reported as (1996) 5 SCC 279) so as to highlight the nature and scope of controversy arising for decision before the Constitution Bench :
(3.) Sub-section (1) of S. 34 abovesaid, as it stood prior to the 1956 Amendment, and as it stands amended, are reproduced in juxta position hereunder :