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CHAPTER IV Computation of Fee.

Section 42: Suits for mesne profits

The Rajasthan Court Fees and Suits Valuation Act, 1961

How current this text is

Text as published by India Code for the Government of Rajasthan, with amendments up to Rajasthan Act No. 19 of 2009.

The Rajasthan Court Fees and Suits Valuation (Amendment) Act, 2020 (Act No. 11 of 2020) substitutes section 21, which now caps the fee in a suit for damages for defamation at twenty five thousand rupees; not shown in this text.

Schedules I, II and III are also published by India Code as separate files.

(1) In a suit for mesne profits or for immovable property and mesne profits therefrom, fee shall, in respect of mesne profits, be computed on the amount claimed as such profits. If the profits ascertained to be due to the plaintiff are in excess of the profits as claimed, no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable, had the suit comprised the whole of the profits so ascertained, is paid.

(2) Where a decree directs an inquiry as to the mesne profits which have accrued on the property, whether prior or subsequent to the institution of the suit, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable, had the suit comprised the whole of the profits accrued due till the date of such decree, is paid.

(3) Where for a period subsequent to the date of the decree or final decree, such decree or final decree directs payment of mesne profits, at a specified rate, such decree or final decree shall not be executed until the fee computed on the amount claimed in execution has been paid.

Questions on this section

1 question in 1 of our papers cite Section 42.

Practise questions on Rajasthan Local Laws