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Judgment
The only question arising in this appeal is with regard to interest. The appellant obtained an ex parte decree in the Court of the Subordinate Judge, but the Court refused to grant interest after the period of grace. No reason is given why this is disallowed. As a matter of right, the decree-holder would be entitled to interest from the date of grace Up to the date of realisation and he should be granted interest at the rate of 6.per cent, per annum during the period. The appeal is allowed, and the decree will be amended accordingly.
A question has been raised whether the, appellant is liable to pay Court-fee on the amount of interest from the date of grace up to the date of hearing of the appeal. It seems clear that he is not. At the time when the appeal, was filed, it was unknown what the amount of interest would be. Furthermore, there is the case of Vithal Hari Athavle v. Govind Vasudeo Thosar 17 B. 41 : 9 ind. Dec. (N.S.) 27 which supports our opinion. It is not necessary that a further Court-fee should be paid.