Section 16 in The Chennai City Civil Court Act, 1892
16. Saving of original civil jurisdiction of High Court.
- Nothing in this Act contained shall affect the original civil jurisdiction of the High Court:Provided that -(1)if any suit or other proceeding is instituted in the High Court which, in the opinion of the Judge who tries the same (whose opinion shall be final), ought to have been instituted in the City Court, no costs shall be allowed to a successful plaintiff and a successful defendant shall be allowed the costs [at the maximum admissible under the Madras High Court Fees Rules for suits set down for final disposal] [Substituted for the words 'as between attorney and client', by section 2 of the Chennai City Civil Court and Presidency Small Cause Courts (Amendment) Act, 1945 (Tamil Nadu Act 1 of 1945). This was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (Nod). Act, 1948 (Tamil Nadu Act VII 1948).];(2)in any suit or other proceeding pending at any time in the High Court, any Judge of such Court may, at any stage thereof, make an order transferring the same to the City Court if in his opinion such suit or proceeding is within the jurisdiction of that Court and should be tried therein;(3)in any suit or other proceeding so transferred, the Court-fees Act, 1870, [Central Act VII of 1870] [Repealed in its application to the State of Tamil Nadu by section 87 of the Tamil Nadu Court-fees and Suits Vacation Act, 1955 (Tamil Nadu Act XIV of 1955).] shall apply, credit being given for any fees levied in the High Court.
