Under Section 34 2 of the CPC where a decree is silent with respect to the payment of further intere...........

Civil Procedure Code (CPC) 1908 General Suits

Under Section 34 (2) of the CPC, where a decree is silent with respect to the payment of further interest [on such principal sum] from the date of the decree to the date of the payment or other earlier date, the court shall be deemed to have refused such interests and a separate suit —

May not lie.

May lie.

Shall not lie.

The court may allow the party to file a suit for such interest because the procedure is the handmaid of justice and not its mistress.

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Explanation:

Section 34(2) CPC - where such a decree is silent - the Court shall be deemed to have refused such interest and a separate suit therefore, shall not lie.