MISHRILAL LAXMICHAND Vs. MANIK CHAND

JUDGEMENT

(1.) THIS is a defendant's First Appeal against the judgment passed on 13-3-1957 under Order 34 Rule 3 (Sub-r. 3 of R. 5?) Civil Procedure Code, by the District Judge Guna in Civil Original Suit No. 8 of 1954.

(2.) A preliminary decree was passed in the aforesaid case on 18-7-1955 by the District Judge Guna. The decree directed the defendant to pay, within four months of the date of the decree, a sum of Rs. 12,000/- for principal, the sum of Rs. 1,618/- for interest on the said principal and such interest as might become due during this period together with Rs. 1137-14-0 for the costs of the suit awarded to the plaintiff. The decree further directed that in default of payment of the aforesaid amount the plaintiff shall be entitled to recover the principal sum together with interest and costs by sale of the mortgaged property Or a sufficient part thereof and shall for this purpose he entitled to apply to the Court for a final decree for the sale of the mortgaged property.

(3.) THE amount aforesaid having not been paid within the stipulated period, the plaintiff applied for a final decree to he passed. An objection was taken by the defendant that as no subsequent interest had been awarded to the plaintiff by the preliminary decree, the same could not be awarded at the stage of the final decree. The Court construed the preliminary decree to mean that interest had been awarded under it to the plaintiff till the date of realisation. The Court, therefore, directed that interest at -/6/- p. c. per mensem shall be paid by the de- fendant during the pendency of the suit and thereafter from the date fixed for repayment till realisation,