R.L. Anand, J. - (1.) This is a Civil Revision and has been directed against the order dated 29.3.1995 vide which the prayer of the petitioner for granting interest from the date of the suit onwards was declined by the executing Court.
(2.) Some facts can be noticed in the following manner. Shri Joginder Singh Walia was Superintendent Grade -1 of Punjab State Electricity Board, Patiala. He filed a money suit for a sum of Rs. 1,66,530.00 on account of arrears of salary. The break -up of this amount, according to the plaintiff was, Rs. 1,36,352/ -by way of arrears of his salary with effect from 11.1.1958 to 14.2.1982, against the various posts upon which the plaintiff served. He also claimed interest amounting to Rs. 54,000/ - on this amount of Rs. 1,36,352/ - at the rate of 12%. In all he calculated the amount of Rs. 1,90,352/ -. The plaintiff alleged in the plaint that defendant paid Rs. 23,822/ - as part payment about 8 months prior to the date of the institution of the suit (say as on 1.9.1982). Thus the plaintiff claimed a sum of Rs. 1,66,530/ - besides interest at the rate of 12%.
(3.) The suit was partly decreed by the trial Court and the operative part of the judgment is reproduced as under ; - "In the final analysis, in view of my findings on the aforesaid issues, the suit of the plaintiff is decreed for the recovery of Rs. 33471 with proportionate costs. The plaintiff shall however be entitled to recover interest at this principal amount from the date of decree till its final realisation at the rate of 12% per annum simple interest. Decree -sheet be prepared and the file be consigned to the record" Announced in open court. Sd/ - 17.4.1985 Addl. Senior Sub Judge, Patiala" On the basis of this judgment, the decree -sheet was also drafted by the Presiding Officer.;