BANK OF BIHAR LTD Vs. RAMGHULAM SINGH

JUDGEMENT

(1.) The learned Subordinate Judge in this case has refrained from expressing any view; with regard to interest pendente lite, and by reason of his silence under Section 34 of the code of Civil Procedure he must be deemed to have refused to allow such interest, In those circumstances the plaintiff Bank appeals against the decision of tine-learned, Subordinate Judge on this point.

(2.) The Bank's claim is for Rs. 5,000 on a promissory note lent, to the defendant at the rate of 9 per cent per annum with half yearly rests. The learned Subordinate Judge, as I have indicated has allowed the claim with interest Upon the date of the decree at 6 percent, per annum.

(3.) The learned Advocate for the respondents contends that the refusal of the learned Subordinate Judge to award interest does not form part of the decree and therefore it is not a decree within the meaning of Section 2 of the Civil Procedure Code, and consequently the plaintiff has no right of appeal to this court. A decree under Sub-section (2) of Section 2 of the Code means. The formal expression of an adjudication, which so far as regards the court expressing it conclusively determines the fights of the parties with regard to all or any of the matters in controversy in the suit etc.