Law: Code of Civil Procedure of 1882

Section: 34,34(2),114,O.XLVIII,O.XXIR.23

Civil Procedure Code, 1908 (V of 1908)-- ----Scope--Jurisdiction to implement a decree--It is settled law under the provisions of the Code of Civil Procedure; 1908 ("CPC") that an executing Court has jurisdiction to implement a decree under execution strictly in accordance with its terms. Execution Decree-- ----Principle amount of decree and interest pendente lite--Interest--Decretal amount--Decree under execution neither grants interest for the period prior to filing of suit nor awards interest on aggregate of principal amount of decree and interest pendente lite--Interest is awarded by the decree till realization of "decretal amount". Civil Procedure Code, 1908 (V of 1908)-- ----S. 34--Interest--Decretal amount--Award of interest pendente lite--Court passing a decree has discretion to order interest at such rates as it deems reasonable accruing for different periods either on principal or aggregate amounts. Civil Procedure Code, 1908 (V of 1908)-- ----S. 34(2)--Award of interest pendite lite--Decretal amount--Award of interest on a decree is discretionary, therefore, terms on which it is ordered must be spelled out clearly in contents of decree--Silence of decree in the matter of further interest is to be deemed as refusal under Section 34(2). Civil Procedure Code, 1908 (V of 1908)-- ----S. 114 & O.XLVIII--Decretal amount--Award interest pendente lite--Decree-holder withdrew challenge filed before High Court against order of executing Court--Determination of interest attained finality against decree-holder--Judgment debtor bank, however, filed a review application under Section 114 read with Order XLVII of CPC against order before Executing Court--Application was a non-starter on both its maintainability and merits and shall be dealt with later. Civil Procedure Code, 1908 (V of 1908)-- ----O.XXI R. 23--Decretal amount--Interest under decree--Charging of compound interest--Delay in discharging--Expression "decretal amount" should be an ascertained sum finds support from the terms of Order XXI Rule 23-A, CPC wherein for raising an objection to a decree, debtor must deposit or secure "decretal amount" with the executing Court--Delay in discharging decretal…

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