https://www.taxtmi.com/caselaws?id=285847 Pendente lite and post-decree interest under Section 34 and Order 34 Rule 11 CPC were treated as discretionary rather than mandatory, so a reasoned refusal could stand where supported by the facts. The appellate court should not normally replace the trial court's exercise of discretion unless it failed to apply its mind or acted on an erroneous basis. On the borrowers' liability, the equitable circumstances, and the delay in prosecution of the appeals, the refusal to award interest was upheld, with substance preferred over technical formality where justice so required. en-us Wed, 12 Apr 1989 00:00:00 +0530 Thu, 30 Jan 2020 10:12:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285847 Pendente lite and post-decree interest under Section 34 and Order 34 Rule 11 CPC were treated as discretionary rather than mandatory, so a reasoned refusal could stand where supported by the facts. The appellate court should not normally replace the trial court's exercise of discretion unless it failed to apply its mind or acted on an erroneous basis. On the borrowers' liability, the equitable circumstances, and the delay in prosecution of the appeals, the refusal to award interest was upheld, with substance preferred over technical formality where justice so required. Case-Laws Indian Laws Wed, 12 Apr 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285847