ARUN BHANSALI, J. - (1.) THIS appeal is directed against the judgment and decree dated 9.3.1989 passed by the Additional District Judge No.2, Sriganganagar, whereby the suit filed by the respondent -plaintiff for a sum of Rs.35,360/ - has been decreed.
(2.) THE trial court while decreeing the suit has refused pendente -lite and future interest to the plaintiff regarding which a cross objection has been filed by the plaintiff seeking pendente -lite and future interest @ 12% per annum. Learned counsel for the appellant has pleaded no instructions on behalf of the appellant and therefore, the appeal filed by the appellant is dismissed for non -prosecution.
(3.) LEARNED counsel for the respondent -plaintiff in support of the cross -objection submitted that while deciding Issue No.4, which pertains to the entitlement of the plaintiff for interest @ 1% per month, the trial court has come to a conclusion that the plaintiff was entitled to interest at the said rate. However, while passing the decree, it is observed that as the suit amount includes interest of Rs.14,360/ -, therefore, the Court did not feel it just and proper to award interest from the date of filing suit to the date of recovery. It was submitted that there is no reason for refusing pendente -lite and future interest and reason recorded by the trial court, besides the fact that the figure 14,360/ - is incorrect, the same is only Rs. 9,360/ -; the same is contrary to the express provisions of Section 34 CPC and therefore, the cross -objections be accepted and the plaintiff be awarded pendente lite and future interest on the principal sum of Rs. 26,000/ -.;