- (1.) HEARD learned counsel for the parties.
(2.) IN this writ petition, the petitioner is challenging the validity of order dated 2.6.2007 passed by Civil Judge (JD), Suratgarh District Sriganganagar whereby in the execusion proceedings, the executing court passed an order to pay the rent as per the decree to the non-petitioner with 12% interest. Learned counsel for the petitioner submits that in view of Section 34 of CPC, interest at the rate of 6% can be awarded but learned executing Court exceeded its jurisdiction and passed the order to pay 12% interest upon dues, therefore, the order impugned may be modified.
(3.) IN support of his contention, learned counsel for the petitioner has invited my attention towards the judgment of Hon'ble Supreme Court reported in (2012) 4 SCC 544 (Food Corporation of India Vs. Richhpal Swami) in which the Hon'ble Supreme Court while adjudicating the same controversy reduced the interest from 18% to 6%.;