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⚖️ Legal Learning | Shri Ganpati Jurists

💡 Can Interest Be Granted Even If Not Mentioned in the Contract?

✅ Yes! Under Section 34 of the Code of Civil Procedure, 1908, even if a contract or plaint is silent about interest, the court has the power to grant it.

📌 Key Takeaways:

🔹 Court’s Discretion:
The court can award interest at a reasonable rate from the date of the suit till the date of decree, even if there's no mention of it in the suit document.

🔹 Post-Decree Interest:
From the date of decree till realisation, the court may grant interest up to 6% per annum.

🔹 Commercial Transactions (💼):
In commercial suits, the court can allow interest exceeding 6%, but not more than:

The contractual rate, OR

If not specified, the rate at which nationalised banks lend for commercial transactions.


📖 Sections Referred:

Section 34 CPC, 1908

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