SUBRAMONIA IYER Vs. JANARDHANAN

JUDGEMENT

(1.) The short question for decision in this Second Appeal is, whether in proceedings under S.144 of the Civil Procedure Code, the appellant, decree holder, who had withdrawn a certain sum of money deposited in Court by the respondent judgment debtor, pursuant to a decree which had afterwards been modified, is not liable also for interest thereon in making restitution. It was contended for the appellant, that no claim for interest can be made against him, being outside the provisions of the Interest Act. In my view, the claim is well founded and falls squarely within the terms of S.144, Civil Procedure Code, the relevant part of which reads: -

(2.) On the above principle, the appellant was rightly held liable for interest. He has been made so liable only for interest that had accrued from the date on which notice was given to him of the deposit made; no exception whatever can be taken to this. The Second Appeal is dismissed with costs.