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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 78.04

Interest on debts

    (1)     Where a judgment directs an account of the debts of a deceased person, unless the estate of the deceased is insolvent or the Court otherwise orders, interest shall be allowed—

        (a)     on any debt which carries interest, at the rate it carries;

        (b)     on any other debt, from the date of the judgment at the rates payable on judgment debts from that date.

    (2)     A creditor whose debt does not carry interest and who establishes the debt in proceedings under the judgment shall, unless the Court otherwise orders, be entitled to interest on the debt in accordance with paragraph (1)(b) out of any assets which remain after satisfying the costs of the proceeding, the debts established and the interest on such debts as by law carry interest.

    (3)     For the purpose of this Rule—

        (a)     the debts of a deceased person include funeral, testamentary and administration expenses; and

        (b)     in relation to expenses incurred after the judgment, for the reference in paragraph (1)(b) to the date of the judgment substitute a reference to the date on which the expenses became payable.



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