Srinivasa Row vs Ramaswami Chetti and Another

It is difficult to understand the principle upon which the Acting District Judge disallowed to the successful plaintiff, appellant, interest from the

date of the plaint to the date of the appeal.

The plaintiff''s suit was dismissed by the District Munsif and the plaintiff appealed fixing the valuation at the same amount as in the plaint and

adding nothing for subsequently accrued interest. We think he was not obliged to assess prospectively and pay a stamp upon the amount of the

interest. The interest is a matter in the discretion of the Court u/s 209 of the Code of Civil Procedure. The case is totally different to that in which

future interest has been given by a decree of the Court below and an appeal is lodged against such decree. No authority has been cited to support

the ruling of the Acting District Judge. We, therefore, modify the decree of the Court below by allowing the plaintiff interest at 6 percent, from the

date of the plaint till the date of presenting the appeal, Rs. 180 and cost incurred by the plaintiff in the District Munsif''s Court. We allow the appeal

with costs.