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Section 11: Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed

The Himachal Pradesh Court Fees Act, 1968State Act of Himachal Pradesh · Act 8 of 1968

(1) In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff value the relief sought, the decree shall not be drawn up until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer.

(2) Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid and if the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

Where this provision sits

ActThe Himachal Pradesh Court Fees Act, 1968
Section11
Marginal noteProcedure in suits for mesne profits or account when amount decreed exceeds amount claimed
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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