Section 42. Suits for mesne profits

(1) In a suit for mesne profits or for immovable property and mesne profits therefrom, fee shall, in respect of mesne profits, be computed on the amount claimed as such profits. If the profits ascertained to be due to the plaintiff are in excess of the profits as claimed, no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable, had the suit comprised the whole of the profits so ascertained, is paid. (2) Where a decree directs an inquiry as to the mesne profits which have accrued on the property, whether prior or subsequent to the institution of the suit, 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 accrued due till the date of such decree, is paid. (3) Where for a period subsequent to the date of the decree or final decree, such decree or final decree directs payment of mesne profits, at a specified rate, such decree or final decree shall not be executed until the fee computed on the amount claimed in execution has been paid.