Is Section 34(2) Of The Civil Procedure Code Fair and Just?

Abstract

The provisions of Section 34 (2) of Civil Procedure Code appear to deny equitable relief to the Decree Holder even when there is inordinate delay in payment of the decretal amount by the Judgement Debtor delays. Although the Supreme Court has held on the grounds of equity that the DH must be awarded interest for the period from the date of the decree till the date of actual realisation. The Law Commission (2001) in its Report No. 178 had recommended an amendment to Section 34 of CPC in order to make the said provisions consistent with the principles of equity. No action has been taken so far for implementing the said recommendation.