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

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

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In suits for mesne profits or for an account and arrears of rent, or for an account and profits of a partnership, if the profits or amount decreed are or is in excess of the profits or amount on which the fee was calculated according to the estimate of the plaintiff, the decree shall not be executed 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.

Legal Commentary & Landmark Judgments: Section 11

Section 11 of the Court-Fees Act, 1870 provides the procedure in suits for mesne profits or accounts where the amount decreed by the court exceeds the amount originally claimed and valued in the plaint.

Core Legal Standard: Section 11 addresses cases where the exact quantum of monetary liability cannot be ascertained at the time of filing—such as in suits for mesne profits, dissolution of partnership, or rendition of accounts.
Operational Mechanism: The plaintiff pays an initial provisional court fee on an estimated claim.

If the final decree awards an amount exceeding that initial estimate, the decree cannot be executed until the deficit court fee on the excess amount is paid.

The section strikes an equitable balance: it enables plaintiffs to institute suits without paying prohibitive fees on speculative profits, while safeguarding public revenue by suspending execution until the full ad valorem duty on the decreed amount is deposited.

Key Landmark Precedents:

Gopalakrishna Pillai v. Meenakshi Ayal, AIR 1967 SC 155: The Supreme Court held that in suits for possession and future mesne profits, court fees on future mesne profits are payable only after ascertainment under Order XX Rule 12 CPC, as governed by Section 11.
Abdul Hamid v. Karim Bux, AIR 1973 SC 855: The Court ruled that execution of a decree for accounts or mesne profits is conditional upon payment of the differential court fee under Section 11.

Legal Commentary:

Decree-holders in suits for accounts or mesne profits must note that the registry will not issue an executable certified decree until the differential court fee is paid into the government treasury. Failure to pay within the time stipulated by the court may lead to the attachment and dismissal of the mesne profits claim.

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

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

Legal Commentary & Landmark Judgments: Section 11