KALYANPUR COLD STORAGE Vs. SOHANLAL BAJPAI

JUDGEMENT

(1.) The list has already been revised but no one is present for the appellant. The appellant has also failed to supply the paper book. We, therefore, dismiss this appeal in default.

(2.) There is also a cross-objection filed by the plaintiff-respondent claiming additional rate of interest and also interest on a higher amount. The requisite court-fee has been paid on the cross-objection. Having heard Sri K.L.Grover, learned Counsel for the respondent, we find that there is merit in the submission made on his behalf. The contention of the respondent is that under S.34 of the Code of Civil Procedure, interest at a reasonable rate can be awarded by the Court on the principal sum adjudged and in addition thereto the interest on the principal sum of money at a reasonable rate prior to the date of the institution of the suit with further interest not exceeding 6% per annum as the Court may deem reasonable.

(3.) The respondent's argument, therefore, is two-fold. Firstly it is submitted that the principal sum adjudged by the Court is Rs. 41,457.05 although the original principal sum advanced to the appellant was Rupees 13,500/-. The Court, therefore, was not justified in awarding interest only on a sum of Rs. 13,500/- in terms of Sec. 34 of the Code. The expression 'principal sum adjudged' is to be distinguished from principal sum advanced. The principal sum adjudged in ordinary parlance means the amount which the Court determines after adjudicating upon the rights of the parties in a suit. The final amount which has been adjudged by the Court in this case while deciding Issue No.8 is Rupees 41,457.05 and, therefore, it must be deemed to be the principal amount adjudged by the Court. The interest, therefore, accrued on this amount and not on the original amount advanced to the appellant.