SAGARMAL BHANDARI Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) APPELLANT/plaintiff has filed this appeal under Section 96 of the CPC against the judgment and decree dated 17. 9. 93 in Civil Suit No. 1-B/93 passed by learned 1st Additional District Judge, Dhar Camp Court at Sardarpur wherein the appellant plaintiff is deprived of the agreed rate of interest on the principal sum prior to the filing of the suit.

(2.) THE appellant/plaintiff has given the amount of Rs. 30,000/- to the respondent defendant on 9. 2. 92 on the interest Rs. 2% per month and the defendant has executed the pronote in favour of the plaintiff. That the amount of Rs. 30,000/- was paid by the defendant after filing of the suit by the Bank Draft dated 20. 7. 93 to the plaintiff. The learned Trial Court has provided the interest @ 6% per annum to the appellant plaintiff from 9. 2. 93 and the cost of the Suit was not provided to the appellant plaintiff.

(3.) IT is contended by the learned Counsel for the appellant that the learned Trial Court has erred in refusing to provide the interest to the appellant plaintiff at the agreed rate of interest of 18% per annum from the date of the execution of the pronote till the filing of the suit on 25. 2. 93. It is further contended by the learned Counsel for the appellant that the learned Trial Court has also erred in refusing to provide the cost of the suit to the appellant plaintiff.