Section 10:
Procedure where net profits or market-value wrongly estimated.
(i) If in the result
of any such investigation the Court finals 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.
1
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Notes:
1. Clause (iii) rep. by Act 12 of 1891, s. 3 and the First Schedule.