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Section 10 – The Court Fees’ Act, 1870

The Court Fees’ Act, 1870


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.


(Note: Cl. (iii) rep. by Act 12 of 1891, s.2 and Sch. I.)



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The Court Fees’ Act, 1870


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