Under the second paragraph of section 11 of the Court-fees Act, 1870, mesne profits ascertained during…
The second paragraph of section 11 stays further execution when mesne profits ascertained during execution exceed those claimed, until the required fee difference is paid.…
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Under the second paragraph of section 11 of the Court-fees Act, 1870, mesne profits ascertained during execution exceed those claimed. Which statements are correct? I. Further execution is stayed until the required additional court fee is paid. II. Further execution may continue without paying the additional court fee. III. If the additional fee is not paid within the time fixed by the court, the suit shall be dismissed.
Answer and explanation
Correct answer B
The second paragraph of section 11 stays further execution when mesne profits ascertained during execution exceed those claimed, until the required fee difference is paid. If the additional fee is not paid within the court’s fixed time, the suit shall be dismissed. Thus I and III are correct; statement II reverses the payment condition.
Option feedback
Option A
This includes statement II, which incorrectly permits execution without paying the required additional fee.
Option B
I and III give the statutory stay pending payment and dismissal if payment is not made within the time fixed.
Option C
Including statement II makes this wrong even though III is correct.
Option D
Statement II reverses the statutory requirement and is false.
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Chhattisgarh Judicial Services