RIKHIKESH Vs. LAXMI TRADING CO

JUDGEMENT

(1.) The decision rendered in this appeal shall govern the disposal of another connected appeal being M.A.No.155/ 98 as both these appeals involve identical questions of law and facts. The present appeal is filed by defendant Nos. 1 and 2 under Order 43, Rule 1 of C.P. Code against the judgment/ decree, dated 10.12.1997, passed by learned XVIth Additional District Judge, Indore, in C.S. No. 540-B/91. In order to appreciate the issue for the disposal of this appeal, few facts need mention. In fact a very short legal question is involved in these two appeals.

(2.) Respondent No. 1 is the plaintiff. They filed a suit against appellants and respondent Nos. 2 and 3 for the recovery of Rs. 52,331.84 paise. The respondent No. 1 also claimed interest pendente lite at the rate of 18% p.a. on the said amount from the date of suit till its realisation. Though the suit was contested by defendants, the Trial Court by impugned judgment and decree was pleased to decree the entire claim of the plaintiff. It was held that defendants are liable to pay interest at the monthly rate of Rs. 1,50 paise on the decreed sum (Rs. 52,331.84 paise) from the date of suit, i.e. 28.7.1982 till its realisation.

(3.) The defendant Nos. 1 and 2 have filed this miscellaneous appeal under Order 43, Rule 1, C.P. Code against the impugned judgment and the decree. However, perusal of memo of appeal shows that appellants have confined the challenge in appeal only to the extent of award of pendente lite interest at the rate of Rs. 1.50 per month. In other words, the appellant has accepted the entire judgment.and decree but they are only aggrieved by the award of interest pendente lite from the date of suit till realisation. The question, therefore, that falls for consideration in this appeal is whether Trial Court was justified in its discretion conferred under Section 34 of C.P. Code in awarding interest pendente lite at the rate of Rs. 1.50 paise per month on the principal sum?