C ), 2002 (1 )BLJR207 , 2001 (4 ) CCC 219 (SC ), 2002 CivilCC364 , [2001 ]107 CompCas416 (SC ), 2002 GLH(1 )474 , 2001 INSC 520 , JT2001 (9 )SC 101 , 2001 (2 )KLJ849 , 2002 (1 )KLT743 (SC ), 2002 -1 -LW683 , (2002 )1 MLJ109 (SC ), 2001 (2 )MPJR(SC)392 , (2001 )129(3) PLR837 , 2002 (1 )RCR(Civil)49 , RLW2002 (2 )SC 241 , 2001 (7 )SCALE351 , (2002 )1 SCC367 , [2001 ]Supp4 SCR323 , ,MANU/SC/0663/2001
A.S. Anand#K.T. Thomas#R.C. Lahoti#N. Santosh Hegde#S.N. Variava#5773SC7750Judgment/OrderAIR#ALR#BC#BLJR#CCC#CivilCC#CompCas#GLH#INSC#JT#KLJ#KLT#LW#MANU#MLJ#MPJR#PLR#RCR (Civil)#RLW#SCALE#SCC#SCR(Supp)R.C. Lahoti,SUPREME COURT OF INDIA2013-10-3Same Word Same Meaning,Subsidiary Rules,Avoiding uncertainty and friction in the system which the statute purports to regulate,Regard to consequences,Guiding Rules,Harmonious construction,Regard to consequences,Guiding Rules,Interest.,Institution of Suits,Suits In General,Interest.,Institution of Suits,Suits In General,Interest.,Institution of Suits,Suits In General,Civil Procedure,Interpretation of Statutes20442,997,981,980,1222 -->
MANU/SC/0663/2001
IN THE SUPREME COURT OF INDIA
SLP (C) No. 2421, of 1993, With Civil Appeal Nos. 3964, 3967, of 1992, SLP (C) Nos. 3954 of 1994, 9082, 9088 of 1995, SLP (C) No. 4562 of 1998, Civil Appeal No. 4716 of 1994 and Civil Appeal No. 2496 of 1993
Decided On: 18.10.2001
Appellants: Central Bank of India Vs. Respondent: Ravindra and Ors.
Hon'ble Judges/Coram:
Dr. A.S. Anand, C.J., K.T. Thomas, R.C. Lahoti, N. Santosh Hegde and S.N. Variava JUDGMENT
R.C. Lahoti, J.
1. What is the meaning to be assigned to the phrases "the principal sum adjudged" and "such principal sum" as occurring in Section 34 of the Code of Civil Procedure, 1908 [as amended by the Code of Civil Procedure (Amendment) Act (66 of 1956) w.e.f. 1.1.1957], a question of frequent recurrence and having for reaching implications in suits for recovery of money, specially those filed by banking institutions against their borrowers, has been referred by a three-Judges Bench of this court to the Constitution Bench.
2. It will be useful to reproduce the order of reference dated 7th May, 1996 so as to highlight the nature and scope of controversy arising for decision before the Constitution Bench:
"ORDER
After hearing learned Attorney General and amicus curiae S/Shri A. Subba Rao, Ranjit Kumar and K.M.K. Nair on the interpretation of the provisions of Section 34 CPC on "the principal sum adjudged" the matter is required to be considered by a Constitution Bench. The learned Attorney General has drawn our attention to the judgments of this Court in Corpn, Bank v. D.D. Gowda and Bank of Baroda v. Jagannath Pigment & Chem. Wherein the sought to draw the deduction that the principal sum adjudged and the principal sum mentioned later would be the same. He seeks to take support from t........