Section 11 of CFA : Section 11: Procedure In Suits For Mesne Profits Or Account When Amount Decreed Exceeds Amount Claimed

CFA

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Explanation using Example

Imagine a scenario where Mr. A sues Mr. B for mesne profits, claiming that Mr. B has been unlawfully occupying Mr. A's property and owes him profits for that period. Mr. A estimates and claims profits of $10,000 in his lawsuit, and pays the court fee accordingly. The court rules in favor of Mr. A but finds that the actual profits accrued by Mr. B amount to $15,000. According to Section 11 of The Court-Fees Act, 1870, before Mr. A can execute the decree to collect the $15,000, he must first pay the additional court fee that corresponds to the $5,000 difference. If Mr. A fails to pay this additional fee within the time set by the court, his right to execute the decree for the additional $5,000 may be dismissed.

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