Skip to content


Srinivasa Row Vs. Ramaswami Chetti and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1900)10MLJ144
AppellantSrinivasa Row
RespondentRamaswami Chetti and anr.
Excerpt:
- .....in the discretion of the court under section 209 of the code of civil procedure. the case is totally different to that in which future interest has been given by a decree of the court below and an appeal is lodged against such decree. no authority has been cited to support the ruling of the acting district judge. we, therefore, modify the decree of the court below by allowing the plaintiff interest at 6 percent, from the date of the plaint till the date of presenting the appeal, rs. 180 and cost incurred by the plaintiff in the district munsif's court. we allow the appeal with costs.
Judgment:

1. It is difficult to understand the principle upon which the Acting District Judge disallowed to the successful plaintiff, appellant, interest from the date of the plaint to the date of the appeal.

2. The plaintiff's suit was dismissed by the District Munsif and the plaintiff appealed fixing the valuation at the same amount as in the plaint and adding nothing for subsequently accrued interest. We think he was not obliged to assess prospectively and pay a stamp upon the amount of the interest. The interest is a matter in the discretion of the Court under Section 209 of the Code of Civil Procedure. The case is totally different to that in which future interest has been given by a decree of the Court below and an appeal is lodged against such decree. No authority has been cited to support the ruling of the Acting District Judge. We, therefore, modify the decree of the Court below by allowing the plaintiff interest at 6 percent, from the date of the plaint till the date of presenting the appeal, Rs. 180 and cost incurred by the plaintiff in the District Munsif's Court. We allow the appeal with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //