PRACTICE AND PROCEDURE
Return of plaints in suits involving questions of title
23. (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 immoveable 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 [Code of Civil Procedure,
1908, Schedule I, Order VII, rule 10]; and make such order with respect to costs as it deems just, and the Court shall, for the purposes of the [Limitation Act, 1908
], 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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Ministry of Law, Justice and Parliamentary Affairs