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Section 16: Return of plaint in suits involving question of title

The Karnataka Small Cause Courts Act, 1964State Act of Karnataka · Act 11 of 1964

(1) Notwithstanding anything in the foregoing provisions 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 the plaint under sub-section (1), it shall comply with the provisions of sub-rule (2) of rule 10 of Order VII of the Code, and make such order with respect to costs as it deems just and the Court shall, for the purposes of the Limitation Act, 1963, 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.

Where this provision sits

ActThe Karnataka Small Cause Courts Act, 1964
Section16
Marginal noteReturn of plaint in suits involving question of title
JurisdictionState of Karnataka
StatusIn force as published by the source

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