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State of West Bengal - Section

Section 14 in The City Civil Court Act, 1953

14. Return of plaint for want of jurisdiction and provision for crediting fees already paid. -

If at any stage of a suit or proceeding instituted in the High Court or the City Civil Court, such Court finds that for want of jurisdiction it cannot, or will not be able to, entertain or decide the suit or proceeding and that it should have been instituted in the City Civil Court or the High Court, as the case may be, the High Court or the City Civil Court shall,-
(i)order the plaint or the application to be returned for presentation to the City Civil Court or the High Court, as the case may be; and
(ii)order that in the levy of any court-fee payable by a party to a suit or proceeding in connection with the suit or proceeding in the City Civil Court or the High Court, as the case may be, credit shall be given for any court-fee already paid by such party in connection with the suit or proceeding instituted in the High Court, or the City Civil Court and that any excess shall be refunded.