Section 40 in Presidency Small Cause Courts Act, 1882
40. Rules with respect to suits removed under the last foregoing section.
(1)When a suit has been removed into the High Court under the last foregoing section, it shall be heard and disposed of by such Court in the exercise of its original jurisdiction, and the said Court shall have all the same powers and jurisdiction in respect thereof as if it had been originally instituted such Court.(2)In every suit so removed as aforesaid the affidavit filed under section 39, sub-section (1), shall be treated as a written statement of the defendant tendered under section 110 of the [Code of Civil Procedure (14 of 1882)] [See now the Code of Civil Procedure, 1908 (Act 5 of 1908).], unless the Court shall otherwise order.(3)In every suit so removed as aforesaid credit shall be given to the plaintiff for the amount of the court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to the practice of the High Court are payable to the Government.
