LEHRU NARAIN Vs. KANHAIYALAL

JUDGEMENT

(1.) AGAINST the judgment of the learned Single Judge of this Court dated December 2, 1971, this special appeal under Section 18 of the Rajasthan High Court ordinance is directed and the only question convassed before us is one in regard to future interest.

(2.) PLAINTIFF's suit was decreed for a sum of Rs. 10,000,00 on a plaint presented on 26th of September, 1964. No interest pendente lite or future was awarded. The defendant preferred an appeal before this Court and the plaintiff filed a cross-objection praying for interest pendente lite and future at the rate of Rs. 3. 00 per cent, per annum. The learned Single Judge dismissed the defendant's appeal, disallowed interest pendente lite but awarded future interest at the rate of Rs. 6. 00 per cent, per annum, from the date of the decree, namely, 26-9-1967 till the date of payment. The defendant now prefers an appeal on the ground urged by mr. Bhandari that when the future interest claimed in the cross-objection was only rs. 3. 00 per cent. , the plaintiff could not have been allowed Rs. 6. 00 per cent. p. a future interest.

(3.) MR. Tikku submits that the learned Single Judge disallowed interest pendente lite and preferred to allow future interest at the rate of Rs. 6. 00 per cent, per annum presumably to pressurise early payment of decree,