U CO BANK Vs. NAZIBUR OMAR

JUDGEMENT

(1.) This appeal is directed againsd the JUDGMENT & ORDER dated 26.2.1991 passed by the Assistant District Judge, Dhubri, in Money Suit No. 4 of 1986.

(2.) The Defendant-respondents took loan from the plaintiff-appellant amounting to Rs. 2,11,000.00 and defendant-respondents paid only Rs. 50,000/-. However, they did not pay the entire amount as per agreement. Situated thus the appellant-plaintiff filed the suit for realisation of Rs. 3,37,566'10 paise with interest @ Rs. 13.85 P.A. from the date of filing of the suit till realisation of the decreetal amount and cost of the suit.

(3.) After hearing the parties, the learned trial Court decreed the suit partly and directed that the plaintiff is entitled to claim simple interest @ Rs. 13.85 P.A. on the principal amount due till the date of filing of the: suit. Besides, the trial Court allowed the defendant to deposit the decreetal money with the plaintiff-appellant by 25 ( twenty-five) equal instalments quarterly. However, the trial Court declined to grant interest from the date of filing of the suit till realisation of the decreetal amount. Hence, the present appeal.