Under the second paragraph of section 11 of the Court-fees Act, 1870, mesne profits ascertained during…
Section 11 stays further execution until the difference between the fee paid and the fee payable on the whole of the mesne profits ascertained is paid. If payment is not…
Choose your answer
Under the second paragraph of section 11 of the Court-fees Act, 1870, mesne profits ascertained during execution exceed the amount claimed. Which statements are correct?
- Further execution is stayed until the court-fee deficit is paid.
- Further execution can continue while the deficit remains unpaid.
- If the additional fee is unpaid at the end of the time fixed by the court, the suit must be dismissed.
Answer and explanation
Correct answer B
Section 11 stays further execution until the difference between the fee paid and the fee payable on the whole of the mesne profits ascertained is paid. If payment is not made within the time the court fixes, the suit must be dismissed.
Option feedback
Option A
Statement II is inconsistent with the statutory stay.
Option B
Statements I and III state the statutory stay and the consequence of missing the court's payment deadline.
Option C
Statement II is incorrect, and the statutory stay in statement I also applies.
Option D
Statement II is inconsistent with the statutory stay.
Practice for these exams
-
Chhattisgarh Judicial Services