Case No.:

HC-CS-238-l 960

Court:

The High Court

Issue No.:

1963

Principles

·  CIVIL PROCEDURE — Interest after institution of suit — Must be claimed in plaint— Civil Justice Ordinance 1929, s. 99(3)

Plaintiff may not recover interest from the date of institution of the Suit ‘unless the plaintiff has claimed it in his plaint” Civil Justice Ordinance 1929, s. 99 (3)

Judgment

(HIGH COURT)

SARKIS IZMERLIAN v. DHANJEE BHANJEE PATEL

HC-CS-238-l 960

Advocates: Mubarak Zarroug ………………………for plaint!ff

Ali Mohamed Ibrahim …………………………….for defendant

M. Y. Mudawi, P.J. August 21, 1962:—. Plaintiff through his advocate Mubarak Zarroug raised this action on May 12, 1960 for the recovery of £S.7339737m/ms from defendant. Plaintiff did not claim on the plaint interest under Civil Justice Ordinance, s. 99. The case took its normal course; issues were framed and on April 10, 1962 plaintiff’s case was closed.

On May 24, 1962 plaintiff filed a petition to this Court claiming in terest under Civil Justice Ordinance 1929, s. 99. Defendant opposed the claim basing his opposition on the interpretation of the said Civil Justice Ordinance 1929, s. 99 which states that a claim of interest thereunder should appear on the plaint.

In considering this application I am inclined to agree with defendant’s advocate for it seems that the Legislature did not put the words “on the plaint” in vain. Civil Justice Ordinance 1929, s. 99(3) is in my opinion very obvious in limiting the procedure of claiming this type of interest. It ordained that interest should not be ordered unless the plaintiff had claimed it “in his plaint”. If this Court allows a later application for interest under the section it will be ignoring sub-section (3) and going against the clear intent of the Legislature which presumably wants to hedge and curb the operation of the section.

In view of the above I refuse the application.