Under the central text of section 11 of the Court-fees Act, 1870 (without state amendments), mesne…
Section 11 stays further execution when mesne profits ascertained in execution exceed those claimed, until the deficit court fee is paid. Failure to pay within the time…
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Under the central text of section 11 of the Court-fees Act, 1870 (without state amendments), mesne profits ascertained in execution exceed those claimed. Consider: I. Further execution is stayed until the deficit fee is paid. II. Further execution must continue even while that deficit remains unpaid. III. The suit is dismissed if the additional fee is not paid within the time fixed by the court. Which statements are correct?
Answer and explanation
Correct answer B
Section 11 stays further execution when mesne profits ascertained in execution exceed those claimed, until the deficit court fee is paid. Failure to pay within the time fixed by the court results in dismissal of the suit.
Option feedback
Option A
Including II is wrong because further execution is stayed pending deficit payment.
Option B
I and III state the stay and dismissal consequences; II is false.
Option C
This includes false II and omits the stay requirement I.
Option D
II contradicts the statutory payment condition.
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Chhattisgarh Judicial Services