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Section 23: Return of plaints in suits involving questions of title .

The Provincial Small Cause Courts Act, 1887Central Act · Act 9 of 1887

(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) and make such order with respect to costs as it deems 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 a cause of a nature like to that of defect of jurisdiction.

Where this provision sits

ActThe Provincial Small Cause Courts Act, 1887
Section23
Marginal noteReturn of plaints in suits involving questions of title .
JurisdictionCentral
StatusIn 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.

  • other, Act 5 of 1908. . See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10.
  • other. . See now the Indian Limitation Act, 1963 (36 of 1963).

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