Question

Where the court has passed a decree for the payment of money and the decree is silent with respect to the payment of interest during the period from the date of the decree to the date of payment, it shall be deemed that

• A. Court has refused such interest and therefore no separate suit shall be instituted for the payment of interest
• B. Court has refused such interest; however, a separate suit may be instituted for the payment of interest
• C. Court has not refused such interest; however, a separate suit may be instituted for the payment of interest
• D. Court has not refused such interest but adjusted the payment of interest in the cost of the suit

Hint:

Silence of a money decree on post-decree interest amounts to refusal, and a separate suit for such interest is barred.

Answer 1

The Correct Option is A

Step 1: Understanding post-decree interest.
Under Section 34 of the Code of Civil Procedure, 1908, the court has discretion to award interest from the date of the decree till realization.
Step 2: Effect of silence in the decree.
If the decree is silent regarding post-decree interest, the law presumes that the court has consciously refused to grant such interest.
Step 3: Bar on separate suit.
Since the refusal is deemed to be part of the decree itself, no separate suit for recovery of such interest is maintainable.
Step 4: Conclusion.
Hence, the correct answer is (A).