Under Section 11 of the Court Fees Act, 1870, where the amount of mesne profits is left to be…
Section 11 of the Court Fees Act, 1870 stays further execution until the difference in fee on the excess profits is paid and directs dismissal of the suit if the additional…
Choose your answer
Under Section 11 of the Court Fees Act, 1870, where the amount of mesne profits is left to be ascertained in execution of the decree and the profits so ascertained exceed the profits claimed:
I. Further execution of the decree shall be stayed.
II. The decree shall be executed in full without payment of any further court fee.
III. If the additional fee is not paid within such time as the Court fixes, the suit shall be dismissed.
Which of the above statements is/are true?
Answer and explanation
Correct answer B
Section 11 of the Court Fees Act, 1870 stays further execution until the difference in fee on the excess profits is paid and directs dismissal of the suit if the additional fee is not paid within the time fixed by the Court; execution without any further fee is wrong, so the answer is "I and III above", not "All - I, II and III above".