1. In Appeal Suit No. 127 of 1912.— Having regard to the language of Section 34 of the CPC and the observations of their Lordships in Sophia Orde v. Alexander Skinner(1), we are unable to follow the decision in Ramachandra v. Devu(2) that the plaintiff is entitled as of right to recover the contract rate of interest from the date of suit to the date of decree.
2. The question is one for the discretion of the Court, but in this case, the District Judge has not allowed any interest at all for this, period and has given no reason for taking this course. We must modify the decree by awarding interest for the period at the rate of 9 per cent, per annum. The appeal is not pressed as to the other two items, which the 1st respondent's Vakil says have been recovered from the 2nd defendant. The appeal is allowed as to the interest with proportionate costs and the decree will be modified accordingly. As regards the disallowed items there will be no order as to costs on either side.
3. The memorandum of objections is dismissed with costs.
4. In Appeal Suit No. 128 of 1912:— This case follows our decision in Appeal No. 127 of 1912 on the file of the High Court and for the reasons as are contained in our judgment therein, this appeal also is allowed as regards interest with costs in this Court, and the decree will be modified accordingly.
S.N/R.K
5. Appeals partly allowed.