Presidency Small Cause Courts Act,1882
Act No : 15
Section :
Return of plaint.
2 [19A. Return of plaint. Whenever the Court finds that for want of jurisdiction it cannot finally determine the question at issue in the suit, it may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the question. When the Court so returns a plaint, it shall comply with the provisions of the second paragraph of section 57 of the Code of Civil Procedure3 (14 of 1882) and ---------------------------------------------------------------------- 1 The words " for the recovery of a wife " were rep. by Act 10 of 1914, s. 3 and Sch. II. 2 Ins. by Act 1 of 1895, S. 9. 3 See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10 (2). ---------------------------------------------------------------------- 28 make such order with respect to costs as it may think just, and the Court shall for the purposes of the Indian Limitation Act, 1877,1 (15 of 1877) be deemed to have been unable to entertain the suit by reason of defect of jurisdiction. When a plaint so returned is afterwards presented to a High Court, credit shall be given to the plaintiff for the amount of the court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to the practice of the High Court are credited to the Government.]
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