Section 28(2) in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
(2)[ (a) Notwithstanding anything contained in clause (aa) of sub-section (1) District Court may at any stage withdraw any such suit, proceeding or application pending in a Court of Small Causes established for any area under the Provincial Small Cause Courts Act, 1887 (IX of 1887) and transfer the same for trial or disposal to the Court of the Civil Judge (Senior Division) having ordinary jurisdiction in such area.] [Sub-section (2) was inserted by Bombay 15 of 1952, section 2(3).](b)When any suit, proceeding or application has been withdrawn under clause (a), the Court of the Civil Judge (Senior Division) which thereafter tries such suit, proceeding or application, as the case may be, may either retry it or proceed from the stage at which it was withdrawn.(c)The Court of the Civil Judge trying any suit, proceeding or application withdrawn under clause (a) from the Court of Small Causes, shall, for purposes of such suit, proceeding or application, as the case may be, deemed to be the Court of Small Causes.]Explanation.-In this section "proceeding" does not include an execution proceeding arising out of a decree passed before the coming into operation of this Act.
