Lawgist19AReturn of plaint
1[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 2Code of Civil Procedure (14 of 1882) and 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 (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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1. Added by Act 1 of 1895, s. 9.
2. See now the relevant provision of the Code of Civil Procedure, 1908 (Act 5 of 1908).
- 17 Local limits of jurisdiction of Court
- 18 Suits in which Court has jurisdiction
- 18A Plaintiff may abandon suit against defendant resident out of jurisdiction
- 19 Suits in which Court has no jurisdiction
- 19A Return of plaint
- 20 Court may by consent try suits beyond pecuniary limits of jurisdiction
- 21 Suits by and against officers of Court
- 22 Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court
