Section 47 in Presidency Small Cause Courts Act, 1882
47. Stay of proceedings on occupant giving security to bring suit against applicant. - [If, within twenty-one days from the date of service under section 42 of a summons on the occupant or where the summons has not been duly served, from the date of the knowledge of the proceedings under section 41] the occupant binds himself, with two sureties, in a bond for such amount as the Small Cause Court thinks reasonable, having regard to the value of the property and the probable costs of the suit next hereinafter mentioned, to institute [* * *] a suit in the High Court [or the Calcutta City Civil Court, as the case may be] against the applicant, for compensation for trespass and to pay all the costs of such suit in case he does not prosecute the same or in case judgment therein is given for the applicant, the Small Cause Court shall [make an order staying the proceedings on the application made under section 41 until such suit is disposed of:
Provided that an order of stay made under this section shall be vacated if the occupant fails to institute such suit within twenty-one days from the date of the order.]If the occupant obtains a decree in any such suit against the applicant, such decree shall supersede the order (if any) made under section 43.Nothing contained in section 22 shall apply to suits under this section.
