Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 45

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 45, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

          (c) impose a fine upon him 1[not exceeding five thousand rupees];
          (d) order him to furnish security for his appearance and in default commit him to the civil prison.
                                                     Judgment and decree
    33. Judgment and decree.—The Court, after the case has been heard, shall pronounce judgment, and on
such judgment a decree shall follow.

                                                             Interest
     34. Interest.—(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree,
order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of
the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to
the institution of the suit, 2[with further interest at such rate not exceeding six per cent. per annum as the Court
deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date
as the Court thinks fit:
     3[Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial

transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the
contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced
by nationalised banks in relation to commercial transactions.                     e
                                                                          od
    Explanation I.—In this sub-section, “nationalised bank” means a corresponding new bank as defined in
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
                                                                      aC
    Explanation II.—For the purposes of this section, a transaction is a commercial transaction, if it is
connected with the industry, trade or business of the party incurring the liability.]
                                                                di
    (2) Where such a decree is silent with respect to the payment of further interest 4[on such principal sum]
                                                        In
from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have
refused such interest, and a separate suit therefor shall not lie.

                                                                Costs
     35. Costs.—(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any
law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the
Court shall have full power to determine by whom or out of what property and to what extent such costs are to be
paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to
try the suit shall be no bar to the exercise of such powers.
    (2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in
writing.
     5*
                              *                             *                             *                             *

    *[35. Costs.— (1) In relation to any Commercial dispute, the Court, notwithstanding anything contained
in any other law for the time being in force or Rule, has the discretion to determine:

          (a) whether costs are payable by one party to another;
          (b) the quantum of those costs; and

          (c) when they are to be paid.



1. Subs. by Act 46 of 1999, s. 4, for “not exceeding five hundred rupees” (w.e.f. 1-7-2002).`
2. Subs. by Act 66 of 1956, s. 2, for certain words (w.e.f. 1-1-1957).
3. Ins. by Act 104 of 1976, s. 13 (w.e.f. 1-7-1977).
4. Subs. by Act 66 of 1956, s. 2, for “on such aggregate sum as aforesaid” (w.e.f. 1-1-1957).
5. Sub-section (3) omitted by s. 3, ibid. (w.e.f. 1-1-1957).
* Subs. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).


                                                                 45

Compare original page image