cover image: The Calcutta Weekly Notes  Monday  July 13  1942

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The Calcutta Weekly Notes Monday July 13 1942

1942

” And the anwer rendered runs : “ In my opinion the Court is not competent to disallow even when the decree is re-opened the post-decree interest that has accrued on the decree and when the Court passes a new decree the amount due according to the provisions of sec. [...] In lieu of the entirety of the old decree the Court passes a new decree and when it does so it may allow interest up to the date of the new decree but such interest would be interest pendent? [...] The effect of re-opening the decree is that the old decree is wiped out the suit is revived and a new decree is passed which decree must be subject to the provisions of secs. [...] It was in connetion with that contention that the Court held that the prohibition against post-decree iterest applied only to the passing of the decree at the time it was passed and so where there was no other ground on which the decree was liable to be re-opened the judgment-debtor was not entitled to have the decree modified by disallowance of that portion whereby interest was allowed on [...] It cannot be that the decree goes but the post-decree interest keeps hanging in the air as something indetructible troubling members of the Bar and waiting to be disposed of by the Court.
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday July 13 1942
xcv-xcvi unknown view

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