SIGAPPIACHI Vs. M A P A PALANIAPPA CHETTIAR

JUDGEMENT

(1.) THE appellants in A. S. No. 201 of 1962 have filed this review petition on the ground that there is an error apparent on the face of the record. Their contention is that interest has not been awarded under Section 34, C. P. Code. It is also contended that the principal sum adjudged in Rs. 34,773. 68 on which alone interest can be awarded under Section 34, C. P. Code.

(2.) IT is unfortunate that in the course of the prolonged hearing of the appeal, this point relating to interest was not raised by either of the parties. In the concluding part of our judgment, we directed that the interest that had been allowed by the lower Court upto the date of suit be confirmed and that from the date of suit compound interest on the amount found due at 71/2 per cent will be calculated upto the date of realisation.

(3.) SECTION 34, Civil P. C. provides:--