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Report No. 253

6. Amendment of Order VII. - In the First Schedule, in Order VII of the Code of Civil Procedure, 1908 after Rule 2 the following Rule shall be inserted:

"2A. Where interest is sought in the Suit: Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under sub-Rules (2) and (3).

(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of Section 34 of the Code of Civil Procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a contract; or under an enactment, in which case the enactment is to be specified in the plaint; or on some other basis and shall state what that basis is.

(3) Pleadings shall also state the rate at which interest is claimed; the date from which it is claimed; the date to which it is calculated, the total amount of interest claimed to the date of calculation; and the daily rate at which interest accrues after that date."



Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 Back




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