Court fee in subsequent application

Court fees is a State subject which differs from a State to another, please check in your case.

When you have already claimed adverse possession, there is no question of maintainability of appplication / prayer for mesne profits.

When the application for mesne profits is not maintainable, no court fees shall be demanded /charged / levied.

How an application without title / subject / prayer has been accepted by the Court ?  

Section 2(12) of the Code of Civil Procedure, 1908 defines the term “mesne profits”. The Delhi High Court in the notable case of Phiraya Lal Alias Piara Lal vs Jia Rani And Anr (1973) interpreted the meaning of the term “mesne profit” by observing that when a party claims damages to recover the loss resulted from wrongful occupation of immovable property by a trespasser that originally belonged to the party then such damages will be known as mesne profits.

An application for interim mesne profits can be considered maintainable if it aligns with the relief sought in the main suit. However, it should specify the legal basis for claiming such profits. The absence of a clear subject or legal backing in the plaintiff’s application could render it defective. As per Order 20 Rule 12 of the Civil Procedure Code, mesne profits may be awarded if the plaintiff succeeds in the suit for possession.

Further, the Delhi High Court in the case of The New India Assurance Co. Ltd. vs. M/s M. Gulab Singh and Sons P. Ltd. an application for mesne profits must sufficiently specify the legal grounds and facts supporting the facts.

Regarding court fees, if the claim for mesne profits is a distinct relief not covered under the initial court fee paid, the plaintiff is generally liable to pay additional court fees. This aligns with the principles outlined in the Indian Court Fees Act, 1870.

Thank you Sir and Madam for your valuable inputs.