Supreme Court · 1966 INSC 93 · Decided 30 March 1966
Gyasi Ram v. Brij Bhushan Das and ORS.
- Court
- Supreme Court of India
- Citation
- 1966 INSC 93 · [1966] SUPP. 1 S.C.R. 109
- Case number
- CIVIL APPEAL No. 959/1964
- Decided
- 30 March 1966
- Bench
- K.N. WANCHOO, J.C. SHAH, S.M. SIKRI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civi! Procedure (Act 5 of 1908) O.XXXIV, r. 7(l)(c) (i) and (ii)-"Amount adjudged in respect of subsequent costs, char­ ges, expenses and interests"-Scope of. A preliminary decree was passed in the appellant's suit for re­ demption of a mortgage. The decree specified the mterest at 3% from the date of decree till date of realisation, and payment of the amount due by a certain date. It also provided that, if payment was made by that date, a final decree would be passed in favour of the appellant, but that, if the payment was not so made, the respon­ dent
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