SHIV DAYAL Vs. RAM KALI

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the Executing Court on 8.1.2005 whereby it has been found that the decree-holders are entitled to interest on the amount decreed in suit from the date of the application for permissions to sue as an indigent person in terms of Order 33 Rule 3 of the Code of Civil Procedure.

(2.) THE learned counsel for the petitioners has argued that the application to sue as an indigent person was dismissed as infructuous and, therefore, the suit would be deemed to have been filed on the date the court fee is paid and not on the date when the application to sue as indigent person was filed.

(3.) IN view of the said judgment, the argument raised by the learned counsel for the petitioner that interest cannot be awarded as payable to the decree- holders from the date of filing of the application to sue as indigent person has no merit.