16Saving of original civil jurisdiction of High Court
Nothing in this Act contained shall affect the original civil jurisdiction of the High Court:
Provided that—
(1) if any suit or other proceeding is instituted in the High Court which, in the opinion of the Judge who tries the same (whose opinion shall be final), ought to have been instituted in the City Court, no costs shall be allowed to a successful plaintiff, and a successful defendant shall be allowed his costs as between attorney and client;
(2) in any suit or other proceeding pending at any time in the High Court, and Judge of such Court may at any stage thereof make an order transferring the same to the City Court if in his opinion such suit or proceeding is within the jurisdiction of that Court and should be tried therein;
(3) in any suit or other proceeding so transferred, the Court-fees Act, 1870 (7 of 1870), shall apply, credit being given for any fees levied in the High Court.
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- 1 Title and commencement
- 2 Definitions
- 3 Constitution of the City Court
- 4 Appointment, suspension and removal of Judges
- 5 Judge of City Court to be Judge of Small Clause Court
- 6 Powers of Judges when City Court consists of more than one Judge
- 7 Appointment, powers, duties and punishment of ministerial officers
- 8 Questions arising in suits, etc., under Act to be dealt with according to law administered by High Court
- 9 Valuation of immoveable property for jurisdictional purposes
- 10 Process-fees
- 11 Appointment of Receivers
- 12 [Repealed.]
- 13 Repayment of half fees on settlement before hearing
- 14 Allowance for fees paid in City Court in cases removed to High Court
- 15 Appeals
- 16 Saving of original civil jurisdiction of High Court
- 17 Seal to be used
- 18 Holidays and vacations