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Report No. 55

12. Difference between present section and unamended section.-

In 1956, both the sections were amended. The feature which distinguish the present1 position from the previous one2 under section 34 can be thus summarised:-

(i) Before the amendment3 of 1956, the section left the rate of interest, even for the post-decree stage, to the discretion of the court. After the amendment, the maximum rate of interest for the post-decree stage is six per cent.

(ii) Moreover, interest was previously permissible on the aggregate sum, and not merely on the principal, as is the position under the present section.

(iii) Section 35(3), which empowered the Court to award interest on costs, has been deleted by the amendment of 1956.

1. Para. 4, supra.

2. Para. 10, supra.

3. Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956).

Rate of Interest for the Period after Decree and Interest on Costs Under Sections 34 and 35 of the Code of Civil Procedure, 1908 Back

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