Lawgist23Return 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 section 57 of the Code of Civil Procedure (14 of 1882) 2and 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.
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1. See now the Indian Limitation Act, 1963 (36 of 1963).
2. Sec now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10.
- 1 Title, extent and commencement
- 2 [Repealed.]
- 3 Savings
- 4 Definition
- 5 Establishment of Courts of Small Causes
- 6 Judge
- 7 Appointment of times of sitting in certain circumstances
- 8 Additional Judges
- 9 [Repealed.]
- 10 Power to require two Judges to si t as a bench
- 11 Decision in case heard by a bench
- 12 Registrar
- 13 [Repealed.]
- 14 Duties of ministerial officers
- 15 Cognizance of suits by Courts of Small Causes
- 16 Exclusive jurisdiction of Courts of Small Causes
- 17 Application of the Code of Civil Procedure
- 18 Trial of suits by Registrar
- 19 Admission, return and rejection of plaints by Registrar
- 20 Passing of decrees by Registrar on confession
- 21 Execution of decrees by Registrar
- 22 Adjournment of cases by chief ministerial officer
- 23 Return of plaints in suits involving questions of title
- 24 Appeal from certain orders of Courts of Small Causes
- 25 Revision of decrees and orders of Courts of Small Causes
- 26 [Repealed.]
- 27 Finali ty of decrees and orders
- 28 Subordination of Courts of Small Causes
- 29 Seal
- 30 Abolit ion of Courts of Small Causes
- 31 Saving of power to appoint Judge of Court of Small Causes to other office
- 32 Application of Act to Courts invested with jurisdiction of Court of Small Causes
- 33 Application of Act and Code to Court so invested as to two Courts
- 34 Modification of Code as so applied
- 35 Continuance of proceedings of abolished Courts
- 36 [Repealed.]
- 37 Publication of certain orders
