ISHWAR DASS Vs. HARBANS SINGH

JUDGEMENT

(1.) THE plaintiff has filed the above said suit under Order 37 of the C.P.C. claiming a sum of Rs. 9 lakhs. The plaintiff had originally filed the suit in which he has claimed Rs. 14,50,000/ -, but that plaint was amended, and the claim has been restricted toRs. 9 lakhs only.

(2.) AN application for leave to defend has been filed by the defendant. This is I.A. No. 10905 of 1993. It is contended by defendant that the claim in the plaintiff's suit goes beyond the scope of Order 37 of C.P.C. inasmuch as the plaintiff is not entitled to claim any interest after the date of the decree.

(3.) FOR examining this contention, it is necessary to look at the proviso of Order 37 of the C.P.C. The relevant portion of Order 37 of the C.P.C. is Sub -rule 3 of Rule 2 C.P.C., when reads as under: -