BABU SINGH Vs. SHAMSHER SINGH

JUDGEMENT

(1.) SUIT of the plaintiff-appellant for recovery of a sum of Rs. 24970/- was decreed. The defendant-respondents was burdened with future interest on decretal amount at the rate of 1% per month from the date of institution of suit till realization. Suit of the plaintiff-appellant was decreed against defendant No. 1 Gill International Travel Service and defendant No. 2 Shamsher Singh. Defendant No. 2 Shamsher Singh preferred an appeal against the decree for recovery of money against the plaintiff- respondents and his co-defendant No. 1. The lower Appellate Court dismissed the appeal and affirmed the order of the trial Court for recovery of Rs. 24970/- but reversed the judgment of the trial Court allowing future interest at the rate of 12% per annum and taking into consideration the provisions of Section 34 CPC reduced the interest on the decretal amount to 6% per annum. The appeal, however, was dismissed. The plaintiff being dissatisfied with the order passed by the lower Appellate Court reducing the rate of interest preferred the appeal on the ground that reduction of rate of interest from 12% per annum awarded by the trial Court to 6% per annum is wrong, warranting interference.

(2.) I have heard counsel for the appellant and counsel for the respondents. Counsel for the appellant sought to raise the following law point :-

(3.) COUNSEL for the appellant has contended that the money which was handed over to the respondents was actually the result of commercial transaction as the defendant-respondents were running their business under the name and style of Gill International Travel Service and s sum of Rs. 1900/- and another sum of Rs. 5500/- were paid to respondent No. 2 in commercial transactions.