https://www.taxtmi.com/caselaws?id=189116 In a mortgage suit, pendente lite and future interest are governed by Order 34, Rule 11 of the Code of Civil Procedure, 1908, not by Section 34, because mortgage decrees follow a special procedure and the rule confers judicial discretion through the word "may". That discretion extends to both interest up to the date fixed in the preliminary decree and subsequent interest, so the court may restrict the rate awarded. Section 21-A of the Banking Regulation Act, 1949 does not override that discretion, as it does not displace the Code's mortgage scheme. The trial court's award of future interest was restored. en-us Tue, 27 Jan 1998 00:00:00 +0530 Wed, 28 Dec 2016 16:41:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189116 In a mortgage suit, pendente lite and future interest are governed by Order 34, Rule 11 of the Code of Civil Procedure, 1908, not by Section 34, because mortgage decrees follow a special procedure and the rule confers judicial discretion through the word "may". That discretion extends to both interest up to the date fixed in the preliminary decree and subsequent interest, so the court may restrict the rate awarded. Section 21-A of the Banking Regulation Act, 1949 does not override that discretion, as it does not displace the Code's mortgage scheme. The trial court's award of future interest was restored. Case-Laws Indian Laws Tue, 27 Jan 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189116