UTSAV LAL GUPTA Vs. MOHAN BROS

JUDGEMENT

(1.) THIS is a plaintiffs' appeal against the judgment and decree passed by the Additional District Judge No. 1, Jodhpur, dated June, 3,1972, and it arises out of the following circumstances -

(2.) THE plaintiff filed a suit for Rs. 10,000/- as principal advanced on pronotes on different dates to the defendant firm Mohan Brothers, Station Road, Jodhpur, and Rs. 1,425/- as interest thereon. THE pronotes were admitted by the defendants, but certain legal pleas were raised by the defendants, which I need not mention then here, as the controversy in this appeal is limited only on the question of the interest awarded to the appellant for the period prior to the institution of the suit and also interest pendente lite. During the course of the arguments before the learned Judge it appears that one of the plaintiffs Shri Utsavlal, who is now the sole appellant in this Court, his father Ram Gopal having died during the pendency of the appeal, gave in writing to the learned Judge that he would agree to accept interest @ 12% per annum in place of 15% per annum as mentioned in the pronotes. THE learned Judge passed a decree for Rs. 10,455/- (Rs. 10,000/- principal plus Rs. 455/- as interest) and also awarded pendente lite interest @ Rs. 6. 00 percent per annum and future interest at the same rate till the money was realised by the appellant. It is alleged that the decretal amount has been paid by the defendant-judgment-debtors to the appellant and, therefore, the only question to be decided in the appeal is whether the interest has been properly awarded by the trial court or not.

(3.) LEARNED counsel for the parties placed reliance on the various other rulings, which are not directly on the issue before this Court. I, therefore, hold that the court below should have allowed the interest during the pendency of the suit at the rate of twelve per cent per annum and not at the rate of six per cent per annum. To this extent the decree shall stand modified.