Choose the correct statements i Section 34 CPC has application to interest prior to the institu...........

Civil Procedure Code (CPC) 1908 General Suits

Choose the correct statements:-

(i) Section 34 CPC has application to interest prior to the institution of the suit.

(ii) Section 34 CPC has no application to interest prior to the institution of the suit since it is a matter of substantive law.

(iii) It can also be awarded when there is no agreement express or implied between the parties.

(iv) It can be awarded only when there is an agreement, express or implied between the parties.

(v) The award of interest from the date of the suit to the date of the decree is not at the discretion of the court but the award of interest from the date of decree to the date to payment is at the discretion of the court.

(vi) The award of interest from the date of the suit to the date of the decree is at the discretion of the court but award of interest from the date of decree to the date of payment is not at the discretion of the court.

(vii) As a general rule, the court should award interest at the contractual rate except where it would be inequitable to do so.

(viii) The award of interest from the date of decree to the date of payment is also at the discretion of the court.

(i), (ii), (v), (vi)

(ii), (iv), (vii), (viii)

(ii), (iv), (v), (vii)

(i), (iv), (vii), (viii)

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Explanation:

[Section 34 CPC has no application to interest prior to the institution of the suit since, it is a matter of substantive law and can be awarded only when -
an agreement mercantile under by way of damages (express/implied) usages statutory Between the provision Parties Union of India vs. Watkins Mayor and Co. AIR 1966 SC 275]. [The award of interest from the date of decree to the date of payment is also at the discretion of the court - Amar Chand vs. UOI AIR 1964 SC 1658].