Question

Where the court has passed a decree for the payment of money and the decree is silent with respect to the payment of interest during the period from the date of the decree to the date of payment, it shall be deemed that:

• A. Court has refused such interest and therefore no separate suit shall be instituted for the payment of interest
• B. Court has refused such interest; however, a separate suit may be instituted for the payment of interest
• C. Court has not refused such interest; however, a separate suit may be instituted for the payment of interest
• D. Court has not refused such interest but adjusted the payment of interest in the cost of the suit

Answer 1

Answer: (A)

Court has refused such interest and therefore no separate suit shall be instituted for the payment of interest

Answer 2

When the court decree is silent about interest, it is assumed that interest is not granted, and thus, no separate suit can be filed to claim it.