Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Decree |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908-Section 2(2)-Decree-High Court directing husband to return the ornaments to the wife and on failure, to pay price of ornaments and interest thereon-No time frame fixed for return of the ornaments-Husband returned the ornaments within reasonable time-Wife claiming interest on the price of ornaments-Maintainability of claim-Held : Wife cannot claim interest on the price of ornaments, since after return of ornaments the question of paying price and interest thereon did not arise. Respondent-wife had approached Family Court for judicial separation, maintenance and return of ornaments, which directed appellant-husband to return the ornaments within one month and on failure, to pay to the respondent Rs. 3.25 lacs, but no decree of interest on the said sum was passed. Appellant and respondent aggrieved by the order came up before High Court. The High Court held that in case ornaments are not returned, respondent would be entitled to interest @ 9% p.a. from the date of decree. However, no time frame for return of ornaments was specified. Respondent initiated execution proceedings. Appellant wrote letter dated 15.3.2000 to respondent to personally collect the ornaments within 15 days after receipt of the letter. Respondent raised certain objections. Ultimately, ornaments were delivered on 2.7.2003. Family Court also directed payment of interest on Rs. 3.25 lacs from the date of decree. Appellant filed revision before High Court, which held that liability to pay interest had already commenced since the date of decree. In appeal to this Court, appellant contended that the Executing Court, and subsequently the High Court, committed a serious error of law in directing payment of interest and that in view of the fact that no time was fixed for return of the ornaments, and the appellant having offered the same to the respondent within a reasonable time, no interest on the said sum of Rs. 3.25 lacs was payable. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 149 |
Petitioner | Ramesh Chand Daga |
Respondent | Rameshwari Bai |
SCR | [2005] 2 S.C.R. 927 |
Judgement Date | 2005-03-16 |
Case Number | 1780 |
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