[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 Code 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.]
Section 19A: Return of plaint.
The Presidency Small Cause Courts Act, 1882Central Act · Act 15 of 1882
Where this provision sits
| Act | The Presidency Small Cause Courts Act, 1882 |
|---|---|
| Section | 19A |
| Marginal note | Return of plaint. |
| Jurisdiction | Central |
| Status | In force as published by the source |
How this provision has been amended
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
- added, Act 1 of 1895. . Added by Act 1 of 1895, s. 9.
- other, Act 5 of 1908. . See now the relevant provision of the Code of Civil Procedure, 1908 (Act 5 of 1908).
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