Section 23(2) in The Provincial Small Cause Courts Act, 1887
(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)] [Now see the Code of Civil Procedure, 1908 (5 of 1908), Sch.I, Order 7, Rule 10.] 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)] [Now see the Limitation Act, 1963 (36 of 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.
