Supreme Court · 1998 INSC 41 · Decided 27 January 1998
N.M. Veerappa v. Canara Bank
- Court
- Supreme Court of India
- Citation
- 1998 INSC 41 · [1998] 1 S.C.R. 342
- Case number
- CIVIL APPEAL No. 467/1998
- Decided
- 27 January 1998
- Bench
- S. SAGHIR AHMAD, M. JAGANNADHA RAO (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 34
Headnote
Code of Civil Procedure, 1908 : S. 34, Order 34 Rule l 1-Suit based on mortgage-Future interest- C Rate of-Held, special provision of Order 34 Rule 11 is applicable and not s. 34-Caurt 's discretion to fix rate of interest-Explained-Provisions of s. 21-A of Banking Regulation Act, 1949 do not of interest charged by banking companies-Scrutiny by courts-Exclusion of-Held, ss. 21, 21-A and 35 do not affect Order 34 Rule 1 l CPC-Act does not intend to override the Code of Civil Procedure­ Discretionmy power conferred on civil court under Order 34 Rule 11 CPC to cut down of suit and
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