Amendment status not verified — confirm the current text below against the official source.
21, Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed : (1) In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, 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. (2) Where the amount of mesne profits is left to be ascertained in the course of the-execution of the decree, and if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed 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 so ascertained is paid. If the additional fee is not paid within such time as the Court may fix, the suit shall be dismissed. Decislon of questions as to valuation : (1) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit. (2) However, whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 14, clause (i), shall apply. Refund of fee pald on memorandum of appeal : If an appeal or plaint, which has been rejected by the Subordinate Court on any of the grounds mentioned in the Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in order 41 rule 23 of the Code, for a second decision by the Subordinate Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full . amount of fee paid on the memorandum of appeal: Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appeliant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded. Refund of fee on application for review of judgment : Where an application for a review of judgment is presented on ar after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector or by way of electronic transfer in such manner as may be prescribed so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day. Refund where Court reverses or modifies its former decision on ground of mistake : Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector or by way of electronic transfer in such manner as may be prescribed so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act, item No. 1. Provided that, nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing. Multifarious suits : Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Provided that, nothing in the former part of this section shall be deemed to affect the power conferred by section 9 of the Code of Civil Procedure. Written examinations of complainants : When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and whao has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, the complainant shall pay a fee of fifty rupees, unless the Court thinks fit to remit such payment. 6 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 22,