Section 12 in The Orissa Court-fees (Amendment) Act, 1939
12. Amendment of Section 11 of Act VII of 1870.
- For the second paragraph of Section 11 of the principal Act the following paragraph shall be substituted ;"Where a decree directs an enquiry as to mesne-profits which are accrued on the property during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the profits claimed, 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 so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the claim for the excess shall be dismissed, unless the Court, for sufficient cause, extends the time for payment.Where a decree directs an inquiry as to mesne-profits from the institution of the suit and a final decree is passed in accordance with the result of such inquiry the decree shall not be executed until such fee is paid as would have been payable on the amount claimed in execution if a separate suit had been instituted therefor."
