Under the first paragraph of section 11 of the Court-fees Act, 1870, if the decreed mesne profits or…
Under the first paragraph of section 11 of the Court-fees Act, 1870, if decreed mesne profits or an account amount exceeds the claim or relief valuation, the decree must not…
Choose your answer
Under the first paragraph of section 11 of the Court-fees Act, 1870, if the decreed mesne profits or account amount exceeds the claim or relief valuation, what follows?
Answer and explanation
Correct answer D
Under the first paragraph of section 11 of the Court-fees Act, 1870, if decreed mesne profits or an account amount exceeds the claim or relief valuation, the decree must not be executed until the fee difference is paid to the proper officer. The condition excludes unconditional execution or unrestricted discretion to waive it.
Option feedback
Option A
Unconditional execution disregards the requirement to pay the fee difference first.
Option B
Section 11 imposes a statutory condition, not unrestricted discretion to execute despite the deficiency.
Option C
The statutory fee-payment condition prevents execution despite the original valuation; the decree does not remove it.
Option D
Section 11 prevents execution until the required fee difference is paid to the proper officer.
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Chhattisgarh Judicial Services