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Sri Manyam Maha Laksmi Ammagaru Vs. Pyda Vencatachalapathi and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1896)6MLJ554
AppellantSri Manyam Maha Laksmi Ammagaru
RespondentPyda Vencatachalapathi and anr.
Excerpt:
- 1. section 378, code of civil. procedure, refers to payment into court during the pendency of the suit and cannot be extended to payments made into court after decree which are provided for in sections 209 and 257, code of civil procedure. under section 209 further interest may be decreed on the aggregate sum adjudged till date of payment or till some earlier date; and section 257 enacts (inter alia) that the amount decreed shall be paid into court. it is not alleged that the court directed that the amount decreed should be otherwise paid and the judgment-debtor's duty was then discharged by payment into court.2. we must reverse the order of the subordinate judge and dismiss the plaintiff's application for further interest with costs.
Judgment:

1. Section 378, Code of Civil. Procedure, refers to payment into Court during the pendency of the suit and cannot be extended to payments made into court after decree which are provided for in Sections 209 and 257, Code of Civil Procedure. Under Section 209 further interest may be decreed on the aggregate sum adjudged till date of payment or till some earlier date; and Section 257 enacts (inter alia) that the amount decreed shall be paid into court. It is not alleged that the court directed that the amount decreed should be otherwise paid and the judgment-debtor's duty was then discharged by payment into court.

2. We must reverse the order of the Subordinate Judge and dismiss the plaintiff's application for further interest with costs.


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