RSA No. 4703 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 4703 of 2009 Date of Decision: 04.04.2011. Niranjan Singh and another .......Appellants Vs. Mukhtiar Kaur and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Jagjit Singh, Advocate for the appellants. Mr. Ajay Pal Singh, Advocate for respondent No.1. ..... SABINA, J. Plaintiff had filed a suit for damages on account of murder of her son Birbal Singh. The suit filed by the plaintiff was decreed against defendants No. 2 and 3 by the trial court vide judgment and decree dated 21.1.2008 for recovery of `. 3,84,000/- along with interest @ 9% per annum from the date of filing of the suit till realization. Appeal filed by the defendants No. 2 and 3 against the said judgment and decree was dismissed by the Additional District Judge vide judgment and decree dated 17.3.2009. Hence, the present appeal by defendants No. 2 and 3. Notice of motion was issued only with regard to rate of interest. Learned counsel for the appellants has submitted that the rate of interest has not been allowed in terms of Section 34 of RSA No. 4703 of 2009 -2- the Code of Civil Procedure. Learned counsel for the respondent-plaintiff has submitted that he has no objection if the rate of interest is reduced to 6% per annum from the date of decree till realization. Section 34 of the Code of Civil Procedure reads as under:- “Interest- (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, [with further interest at such rate not exceeding six per cent, per annum, as the Court deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit: Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions. (2) Where such a decree is silent with respect to RSA No. 4703 of 2009 -3- the payment of further interest [on such principal sum] from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefor shall not lie.” Thus, as per the above provision, the court could allow interest at the rate, found reasonable from the date of suit till realization on the principal amount. However, the court could allow interest not exceeding 6% per annum from the date of decree till realization. Although, the records of the case have not been called but since the question involved in the present case is purely legal and counsel for both the parties are agreeable that the interest was liable to be allowed in terms of Section 34 of the Code of Civil Procedure, this appeal is disposed of with the modification that the plaintiff would be entitled to recover `. 3,84,000/- from the appellants along with interest @ 9% per annum from the date of filing of the suit till the date of decree and @ 6% per annum from the date of decree till realization. Learned counsel for the appellants has submitted that the amount has already been deposited by the appellants with the executing court. The plaintiff would be at liberty to withdraw the said amount, deposited by the appellants forthwith in terms of the above modification. (SABINA) JUDGE April 04, 2011 Gurpreet