Case ID |
0fa8c272-e778-41fa-a3d8-2992a20235b1 |
Body |
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Case Number |
Civil Appeal No. 1746 of 1996 |
Decision Date |
Jan 07, 2003 |
Hearing Date |
|
Decision |
The Supreme Court of Pakistan allowed the appeal, affirming the trial court's decision for the payment of interest on the decretal amount from the date of the suit till the realization of the amount. The court emphasized that interest can only be awarded from the date of the suit and that any interest prior to the suit cannot be claimed unless specified by substantive law or in a written demand. The court ruled that the appellants were entitled to 8% compound interest on the decretal amount, reinforcing the discretion of the court in awarding interest under section 34 of the Civil Procedure Code. The judgment of the High Court was set aside, and the appeal was allowed without any order as to costs. |
Summary |
In the case of Civil Appeal No. 1746 of 1996, the Supreme Court of Pakistan addressed the issue of interest on a decretal amount under the Civil Procedure Code (CPC). The appellants, led by Raja Muhammad Sadiq, sought recovery of damages amounting to Rs. 11,32,000 from the respondents, including WAPDA. The trial court had initially decreed for a sum of Rs. 4,88,448 with an interest rate of 8% per annum until payment. The High Court later modified this decree, which prompted the appellants to appeal to the Supreme Court. The Supreme Court ruled that interest should be awarded from the date of the suit, emphasizing the discretionary nature of interest awards under section 34 of the CPC. This case highlights the judiciary's critical role in interpreting and applying procedural laws regarding financial claims and interest, marking a significant precedent in civil litigation concerning damages and interest claims. Keywords: Supreme Court, Civil Procedure Code, interest on damages, legal precedent, financial claims, discretionary power. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
WAPDA
|
Judges |
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI
|
Lawyers |
Muhammad Munir Peracha, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Appellants,
Ghulzarin Kiyani, Advocate Supreme Court for Respondents
|
Petitioners |
9 others,
Raja MUHAMMAD SADIQ
|
Respondents |
3 others,
WAPDA through Chairman, WAPDA House, Lahore
|
Citations |
2003 SLD 3446,
2003 PLD 290
|
Other Citations |
Abdulali P. Jivani v. Pakistan 1984 CLC 3257,
Punjab State v. Ishar Singh AIR 1978 Punj. and Har. 241,
Lahore Development Authority v. Own Homes Service Ltd. PLD 1983 Lah. 475,
Rangpur Raiyat Bank v. Hesabuddin AIR 1932 Cal. 111,
Ramanathan v. Ramanathan AIR 1960 Mad. 207,
S.I. Railway Co. v. M.C. Mayilvahanan AIR 1943 Mad. 334,
Mt. Amtul Habib v. Muhammad Yousaf AIR 1918 All. 234
|
Laws Involved |
Civil Procedure Code (V of 1908)
|
Sections |
34
|