Post-decree interest under Section 34 CPC may be corrected even if omitted from an arbitral-award decree, while pre-decree interest was unavailable.

Interest on the pre-decree period was unavailable because no interest claim had been pressed before the court making the arbitral award rule of court, so that part of the award could not be disturbed. Post-decree interest under Section 34 CPC was procedural and could be added or corrected to make the decree conform to law. The absence of a separate appeal against the subordinate court's decree did not bar such correction where an application was made before the High Court. The decree was modified to allow interest after the award became the rule of court until realisation.

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Issues: Whether interest could be granted under Section 34 of the Code of Civil Procedure, 1908 on a decree passed in terms of an arbitral award when no claim for interest had been pressed before the court making the award the rule of the court.

Analysis: The claim for interest was held to be unavailable for the pre-decree stages because it had not been pursued before the court dealing with the award, and the award could not be upset to that extent. At the same time, interest after the decree was treated as a matter of procedure under Section 34 of the Code of Civil Procedure, 1908, and could be added to bring the decree into conformity with law. The absence of a separate appeal against the subordinate court's decree did not bar correction where an application had been made before the High Court.

Conclusion: Interest was held payable after the award was made rule of the court, and the decree was modified to provide interest at 12% per annum from that date until realisation.

Ratio Decidendi: Interest under Section 34 of the Code of Civil Procedure, 1908 on a money decree is procedural and may be granted or corrected even where the decree omits it, provided the decree is otherwise brought into conformity with law.

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