HARBANS SINGH Vs. MADAN DI HATTI

JUDGEMENT

(1.) NOTICE of Motion, Shri M. L. Saini, Advocate accepts notice.

(2.) HEARD The case is covered by findings of fact as regards merits of the case. However, the judgment and decree of the lower appellate Court need modification with respect to grant of interest. The lower appellate Court has allowed future interest at the rate of 18% per annum from the date of the decree till realisation which is contrary to Section 34 of the C. P. C. The Courts could allow future interest at the agreed rate be it was expected of the Court to fix date. Since no date was fixed, Court was not justified in allowing future interest till realisation. That does not ammount to fixing any date. If no date is fixed, then future interest was to be allowed at the rate of 6% per annual. So ordered. No order as to costs. R. S. A. disposed of.