CPC 34 — Interest

Code of Civil Procedure, 1908

Statutory text

(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree,
order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of
the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to
the  institution  of  the  suit,

[with  further  interest  at  such  rate  not  exceeding  six per  cent.  per  annum  as  the Court
deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date
as the Court thinks fit:

[Provided  that  where  the  liability  in  relation  to  the  sum  so  adjudged  had  arisen  out  of  a  commercial transaction,  the  rate  of  such  further  interest  may exceed  six  per  cent.  per  annum,  but  shall  not  exceed  the
contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions.
Explanation I.—In  this  sub-section,  “nationalised  bank”  means  a  corresponding  new  bank  as  defined  in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
Explanation II.—For  the  purposes  of  this  section,  a  transaction  is  a  commercial  transaction,  if  it  is connected with the industry, trade or business of the party incurring the liability.]
(2) Where such 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  payment or  other  earlier  date,  the  Court  shall  be  deemed  to  have refused such interest, and a separate suit therefor shall not lie.
COSTS

Back to CPC