CHAPTER III FEES IN OTHER COURTS AND IN PUBLIC OFFICES

Section 10: Procedure where nett profits or market-value wrongly estimated

(i) If in the result of any such investigation the Court finds that the nett profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market-value or nett profits been rightly estimated.

(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

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Footnotes in the official text

1.Cl. (iii) rep. by Act 12 of 1891, s. 3 and Sch. I.

Questions on this section

1 question in 1 of our papers cite Section 10. Try these from the free papers:

1. Consider the following statements under Sections 9 and 10 of the Court-fees Act, 1870: 1. Where the market-value of a house in a suit for possession appears wrongly estimated, the Court may issue a commission for a local or other investigation. 2. If the investigation shows that the estimation was excessive, the Court must refund the excess fee. 3. If the estimation was insufficient, the Court shall require the plaintiff to pay the additional fee. Which of the statements given above are correct?

Practise questions on Court Fees and Suits Valuation