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august 1996

Supreme Court of India · 1996-08-27

RAMESHWAR DASS GUPTA vs STATE OF U P

Citation / case number
SC 1996/67314
Court
Supreme Court of India
Petitioner
RAMESHWAR DASS GUPTA
Respondent
STATE OF U P
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that an executing court cannot grant interest on a decree unless explicitly provided for in the original order, as per Order 21 Rule 1 CPC. The Court affirmed the Allahabad High Court's ruling that the executing court exceeded its jurisdiction by awarding interest, which was not part of the decree. The petitioner's claims for interest due to delay were rejected, reinforcing the principle that executing courts must adhere strictly to the terms of the decree.

RAMESHWAR DASS GUPTA vs STATE OF U P · Niyam