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Report No. 55

10. History of section 34.-

Section 34 has an interesting history. But we shall confine ourselves to the amendment of 1956, which is crucial to the question under consideration.

Before 1956, section 34(1), Code of Civil Procedure, was as follows:-

"34. Interest.-(1) Where and in so far as a decree is for the payment of money the court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate as the court deems reasonable on the aggregate sum so adjudged, from the date of the decree, to the date of payment or, to such earlier date as the Court think, fit."

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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