Question

Section 34 of the CPC provides

• A. The Payment of fine imposed by the court
• B. Payment of compensation to the other party
• C. Payment of interest
• D. None of the above

Hint:

In CPC, Sections 34 (Interest), 35 (Costs), 35-A (Compensatory costs for false or vexatious claims), and 35-B (Costs for causing delay) are related but distinct concepts. It's useful to remember the specific subject of each of these sections as they are frequently tested.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the subject matter of Section 34 of the Code of Civil Procedure, 1908 (CPC). This section deals with the court's power to award a monetary sum in addition to the principal amount decreed in a suit.

Step 2: Detailed Explanation:
Section 34 of the CPC is titled "Interest." This section empowers a civil court to order the payment of interest on the principal sum awarded in a decree for the payment of money. The court has the discretion to award interest for three distinct periods:
\[\begin{array}{rl} \bullet & \text{Pre-litigation period: For any period prior to the institution of the suit. } \\ \bullet & \text{Pendente lite interest: From the date of the suit to the date of the decree. } \\ \bullet & \text{Future interest (Post-decree): From the date of the decree to the date of actual payment or realization. } \\ \end{array}\] The other options are incorrect:
\[\begin{array}{rl} \bullet & \text{Payment of fine is a concept primarily used in criminal law.} \\ \bullet & \text{Payment of compensation can be ordered under various laws (e.g., contract, tort), but Section 34 of the CPC is specifically about interest on the decreed sum, not compensation in general. } \\ \end{array}\]

Step 3: Final Answer:
The correct answer is (C) as Section 34 of the CPC explicitly deals with the court's power to award the payment of interest.