Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 34---Interest award of---Essentials---Discretion of Court---Scope--­Suit for damages---Award of interest under S.34, C.P.C. from the date of institution of the suit till the date of realization of amount is discretionary with the Court and cannot be claimed as of right---Interest for the period prior to the institution of the suit can only be claimed and awarded it it is permitted by the substantive law or it is specified in writing or in the demand notice but no such interest prior to the period of suit under S.34, C.P.C. can be granted in a decree passed in the suit for damages 'in absence of the substantive law or if not specified in any form---Decree, in suit for damages, having been passed with interest in terms of S.34, C.P.C., the decree-holder would be entitled to the interest from the date of the suit---Principles. The examination of section 34, C.P.C, shows that interest can be awarded for the period firstly, from the date when the payment was due till the date of institution of suit, secondly from the date of institution of the suit till the date of decree and thirdly, from the date of decree till the realization of decretal amount. The award of interest under section 34, C.P.C. from the date of institution of the suit till the date of realization of amount is discretionary with the Court and cannot be claimed as of right. The interest for the period prior to the institution of suit can only be claimed and awarded if it is permitted by the substantive law or it is specified in writing or in the demand notice but no such interest prior to the period of suit under section 34. C.P.C. can be granted in a decree passed in the suit for damages in absence of the substantive law or if is, not specified in writing in any form. Under section 34, C.P.C. the Court in its discretion can grant interest from the date of suit till the realization of the decree and if the discretion is exercised in favour of grant of interest it; terms of section 34, C.P.C., it shall be deemed from the date of suit and not from any previous date. The decree in the present case with interest was passed in terms of section 34, C.P.C.,…

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