S K MALHOTRA Vs. MAN MOHAN MODI

JUDGEMENT

(1.) THE present appeal is filed by the appellant against the judgment dated 18. 12. 1996 rendered in a summary suit for recovery of Rs. 1,76,085/- filed by the appellant against the respondent under Order XXXVII of the Code of Civil procedure. The aforesaid suit was decreed ex-parte in favour of the appellant for a sum of Rs. 1,17,000/- with proportionate costs and future interest payable @ 12% per annum against the respondent.

(2.) THE appellant, who appears in person, states that he is aggrieved by the impugned judgment limited to non-grant of pendentelite interest claimed by him @ 18% per annum. The suit is based on a claim of the appellant that in the year 1982, he had advanced a loan of Rs. 1,17,000/- to the respondent. As the loan advanced was not repaid by the respondent, the appellant was compelled to institute a suit against him in the trial court. Though the respondent entered appearance and contested the suit by filing a written statement, thereafter, he stopped appearing and was proceeded against ex-parte vide order dated 17. 10. 1996. The suit was ultimately decreed in favour of the appellant on 18. 12. 1996. The appellant submits that apart from future interest, he was also entitled to grant of pendente lite interest on the sum of Rs. 1,17,000/-, particularly since the respondent continued to enjoy the principal amount till the decree was passed. He further states that in the year 1997, the decretal amount was recovered by him in the execution proceedings.

(3.) THE summary suit was instituted by the appellant against the respondent in september 1985. In the relief clause, the appellant prayed for a decree of rs. 1,76,085/- against the respondent alongwith pendente lite and future interest @ 18% per annum from the date of institution of the suit, till the date of the decree and actual realization of the amount. However, while passing the impugned judgment in favour of the appellant, the trial court decreed the suit for Rs. 1,17,000/- with proportionate costs and future interest @ 12% per annum against the respondent, without granting any interest for the period w. e. f. 1982 till the date of institution of the suit, i. e. , September 1985 and without granting any pendente lite interest. Between the date of institution of the suit, i. e. , September 1985 to the date of the impugned judgment, i. e. 18. 12. 1996, over 11 years had passed.