Amendment status not verified — confirm the current text below against the official source.
Return of plaint in suits involving question of title.—(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. 1[17. Appeals from certain orders of Court of Small Causes.—An appeal shall lie from every order under section 35A and section 95 of the Code as specified in and to the extent provided by section 104 of the Code,— (a) to the High Court where the order is of the Court of Small Causes in the City of Bangalore; (b) to the District Court in other cases;]1