Section 11 of the Court Fees Act 1870: Mesne Profits and Accounts
Section 11 deals with the additional court fee payable when a decree for mesne profits or an account exceeds the amount originally claimed or the value placed on the relief by the plaintiff.
Meaning and scope of Section 11
The provision applies to suits for mesne profits, suits concerning immovable property together with mesne profits, and suits for accounts. Its central rule is that where the profits or amount ultimately decreed exceeds the amount claimed or the valuation on which court fee was initially paid, the deficiency in court fee must be made good before the decree can be executed.
Where mesne profits are quantified during execution and the amount ascertained exceeds the amount claimed, further execution is stayed until the additional court fee is paid. The section also provides a consequence where the additional fee is not paid within the time fixed by the court.
Section 11: Procedure where the amount decreed exceeds the amount claimed
In suits for mesne profits, or for immovable property and mesne profits, or for an account, if the profits or amount decreed exceed the profits claimed or the amount at which the plaintiff valued the relief sought, the decree cannot be executed until the difference between the court fee already paid and the fee payable on the full amount decreed has been paid to the proper officer.
Where mesne profits are left to be ascertained in execution and the amount so ascertained exceeds the profits claimed, further execution is stayed until the corresponding deficiency in court fee is paid. If the additional fee is not paid within the time fixed by the court, Section 11 provides for dismissal of the suit.
Practical effect: Section 11 links execution of a decree for an amount exceeding the original claim or valuation to payment of the additional court fee attributable to that excess. Applicable State amendments and State court-fee legislation should also be checked before calculating or paying court fees.
Key legal terms
Mesne profits
For civil procedure, "mesne profits" generally refers to profits which a person in wrongful possession of property actually received, or might with ordinary diligence have received, together with interest, subject to the statutory definition in the Code of Civil Procedure, 1908.
Suit for accounts
A suit for accounts is a proceeding in which the precise amount recoverable may require accounting or inquiry. Section 11 addresses the court-fee consequence where the amount ultimately decreed is higher than the amount on which the plaintiff initially paid court fee.
Additional court fee
The additional fee under Section 11 is the difference between the fee already paid and the fee that would have been payable if the suit had originally included the whole amount or profits ultimately decreed or ascertained.
Odisha state amendment
The source page records the historical Orissa amendment made by Orissa Act 5 of 1939. Under that amendment, the second paragraph of Section 11 was replaced for its application in the State. It separately addresses an inquiry into mesne profits accruing before institution of the suit and an inquiry into mesne profits accruing from the institution of the suit.
For pre-suit mesne profits, where the amount found on inquiry exceeds the amount claimed, the amendment requires payment of the deficient court fee before a final decree is passed. If the additional fee is not paid within the time fixed, the claim for the excess is liable to dismissal, subject to extension of time for sufficient cause.
For an inquiry into mesne profits from the institution of the suit, the amendment provides for payment of the prescribed fee before execution of the final decree. Because court-fee law is affected by State legislation, users should verify the law applicable in the relevant State and court.
Official legal source
The Central Act can be verified on the official India Code - Court-Fees Act, 1870. State amendments should be checked against the official legislation or gazette materials of the concerned State.
Related provisions
For valuation issues following Section 11, see Section 12 - Decision of questions as to valuation. For the broader statutory framework, see the Court Fees Act 1870 overview.