(Per : HONOURABLE MR.JUSTICE C.L. SONI) This appeal is directed against the judgment and decree dated 26th June 1991 passed in Special Civil Suit No.167/89 whereby the learned Civil Judge, Senior Division, Gondal has decreed the suit and ordered the respondents-original defendants to pay Rs.44,88,113.74 ps with simple interest at the rate of 13.5% from 14.8.89 till its realization and Rs.9,21,591.97 ps. in respect of cash credit account with simple interest at the rate of 16.25% from 14.8.89 till its realization. It is the case of the appellant that the learned Judge has allowed the suit and passed decree on the basis of admission of the respondents-defendants. The appeal is however, filed for a limited grievance to the effect that the prayer in the suit was to pass decree for the aforesaid two amounts with simple interest at the rate of 13.5% as also 16.25% as well as with quarterly interest to be paid by the respondents-defendants and though the respondents-defendants had categorically made admission in the written statement that the respondents-defendants had got no objection if the decree was drawn as per the prayer made in para 18 of the plaint, the decree is not passed as per the admission of the respondents.
Learned advocate for the appellant has taken us through the copy of the plaint, especially para 18 thereof as also admission of the respondent-defendant in the written statement. The appeal is also not resisted by the respondents though the respondents have been duly served.
We find substance in the argument of the learned advocate for the appellant that though the respondents-defendants had agreed to pay as per the total claim as made by the plaintiff in para 18 of the plaint, however, while passing the final judgment and decree, the learned Judge has directed the respondent-defendant to pay the principal amount with only simple interest.
Under the circumstances, we find that the learned Judge has committed an error in not granting quarterly interest though there was clear admission on the part of the respondents-defendants to that effect. We are, therefore, inclined to allow the appeal and also direct the respondents-defendants to pay the principal amounts also with quarterly interest as prayed for the appellant-plaintiff in para 18 of the plaint. Accordingly, this appeal is allowed. The respondents-defendants to pay the principal amounts of Rs.44,88,113.74 ps. Rs.9,21,591.97 ps. with simple interest at the rate of 13.5% and 16.25% respectively with effect from 14.8.89, and also with compound/quarterly interest as prayed for by the appellant-plaintiff in para 18 of the plaint. Accordingly this appeal is allowed. The decree is ordered to be modified accordingly.
R & P be transmitted back to the Trial Court.
(Akil Kureshi J.) (C.L.Soni, J.) (vjn) Top