BANK OF BARODA Vs. SUBHASH CHANDER DUTTA

JUDGEMENT

(1.) This is plaintiff's, first appeal arising from a suit for recovery of loan. While decreeing the appellant's suit for recovery of Rs. 1.06,103.03 with costs against the respondents, the learned single Judge gave two directions : (1) that the decretal amount shall be liquidated within a period of six years with minimum instalments of Rs. 1500.00 each, and (2) that the decretal amount shall carry pendente lite and future interest at the rate of 6% per annum. The contractual rate of interest was 11%. The appellant-Bank was aggrieved with both the directions. It accordingly preferred the instant appeal which was filed on 15-5-1987. Despite service no one appeared on behalf of the respondents.

(2.) The period of six year mentioned hereinabove has already expired and therefore the challenge directed in the present appeal against the first direction has become infructuous. The challenge against the second direction survive.

(3.) Section 34 of the Code of Civil Procedure, 1977(B) deals with grant of pendente lite and future interest. This section prior to its amendment through Act No. XI of 1983 (A.D.) with effect from 15-8-1983 contained two sub-sections, but no proviso or explanations. Sub-section (2) is not relevant for the purposes of the present appeal. Sub-section (1) reads as follows:-