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Under the first paragraph of section 11 of the Court-fees Act, 1870, a decree for mesne profits or an…

Section 11 requires the court-fee deficit to be paid to the proper officer before execution. The difference is calculated using the whole amount decreed and crediting the…

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Under the first paragraph of section 11 of the Court-fees Act, 1870, a decree for mesne profits or an account exceeds the amount claimed or the value the plaintiff placed on the relief. When can the decree be executed?

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Answer and explanation

Correct answer D

Section 11 requires the court-fee deficit to be paid to the proper officer before execution. The difference is calculated using the whole amount decreed and crediting the fee already paid.

Option feedback

Option A

Execution is conditional on making up the court-fee difference.

Option B

The statutory payment condition does not depend on an equitable choice by the court.

Option C

A request does not make good the deficit.

Option D

The required payment is the difference between the fee already paid and the fee that would have been due on the amount decreed.

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  • Chhattisgarh Judicial Services

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