Provincial Small Cause Courts Act,1887

Act No : 9

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Section : Return of plaints in suits involving questions of title

23.Return of plaints in suits involving questions of title.(1) Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immovable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title. (2)When a Court returns a plaint under sub-section (1), it shall comply with the provisions of the second paragraph of 2section 57 of the Code (14 of 1882), of Civil Procedure and make such order with respect to costs as it deems just, and the Court shall, for the purposes of the 1Indian Limitation Act, 1877 (15 of 1877), be deemed to have been unable to entertain the suit by reason of a cause of a nature like to that of defect of jurisdiction. ---------------------------------------------------------------------- 1 See now the Indian Limitation Act, 1908 (9 of 1908). 2 See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10. ----------------------------------------------------------------------- 60

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