Sourendra Mohan Sinha vs Hari Prasad Sinha on 15 July, 1925
10. Mr. Dunne for the mortgagor appellant contended that Section 34 of the Civil Procedure Code upon which the Subordinate Judge relied had no application to mortgage decrees which were dealt with under Order 34 of the 1st schedule to that Act; and that at the date of the Subordinate Judge's decree there was no provision in this rule for the granting of interest upon the decretal amount, though such a provision now appears there by a subsequent amendment of the Act. Their Lordships, however, think it clear from the judgment of the Board in Sourendra Cohan Sinha v. Hari Prasad (1925) L.R. 52 I. A. 418, 433 : s.c. 28 Bom. L.R. 1126 that Section 34 does apply and that it authorizes the allowance complained of. Nor can their Lordships agree that Order 34 in the Schedule in any way excludes the discretion of the Court to allow interest on the decree. Order 34, Rule 4(1), as in force at the date of the decree provided inter alia for the payment of " subsequent interest" out of the sale proceeds, and it would seem that the only " subsequent interest" could be interest on the decretal amount if awarded under Section 34. Their Lordships also agree with the note to Order 34, Rule 4(1), in the latest edition of Sir Dinshah Mulla's Code which states that the present rule specifically allowing " subsequent interest up to the date of realization " only gives effect to previous judicial decisions.