Section 23 in The Provincial Small Cause Courts Act, 1887
23. Return of plaints in suits involving questions of title.
(1)Notwithstanding anything in the forgoing 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)] [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.
