'A' files a suit for recovery of Rs. 1 lac for non-delivery of goods and interest @ 24% p.a. The court…
An appeal under section 96 is the appropriate listed remedy for challenging the decree’s failure to award the claimed interest. That omission is not automatically a clerical…
Choose your answer
'A' files a suit for recovery of Rs. 1 lac for non-delivery of goods and interest @ 24% p.a. The court decrees the suit for 1 lac but is silent about the interest. Aggrieved, 'A' must file:
Answer and explanation
Correct answer A
An appeal under section 96 is the appropriate listed remedy for challenging the decree’s failure to award the claimed interest. That omission is not automatically a clerical or arithmetical error, so section 152 cannot be used simply to add substantive relief. Nor does silence alone establish an error apparent for review or a jurisdictional defect for revision.
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