Section 40(2) in Presidency Small Cause Courts Act, 1882
(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.
