Under the Court Fees Act, 1870, where mesne profits are left to be ascertained in execution and the…
Where mesne profits are ascertained in execution and exceed the profits claimed, section 11 says "the further execution of the decree shall be stayed" until the difference…
Choose your answer
Under the Court Fees Act, 1870, where mesne profits are left to be ascertained in execution and the profits so ascertained exceed the profits claimed:
Answer and explanation
Correct answer B
Where mesne profits are ascertained in execution and exceed the profits claimed, section 11 says "the further execution of the decree shall be stayed" until the difference in fee is paid. The decree is not set aside and no fresh suit is needed.