(1)The procedure prescribed in the Code shall, save in so far as is otherwise provided by this Act, be the procedure followed in all Civil Courts.(2)Notwithstanding anything contained in sub-section (1)(a)in all suits cognizable by a Court of small causes and in all proceedings arising out of such suits an applicant-(i)for an order to set aside a decree passed exparte on a ground other than that summons in the suit was not duly served; or(ii)for a review of judgement on grounds other than an error apparent on the face of the record, shall at the time of presenting his application either deposit in the Court the amount due from him under the decree or in pursuance of the judgement or give such security for the performance of the decree or compliance with the judgement as the Court may direct on a previous application made by him in this behalf. The security may be released in the manner provided by Section 145 of the Code.(b)when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depends upon the proof ore disproof of title to immovable property or other tide which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title. When a Court so returns the plaint it shall comply with the provisions of Rule 10 of Order VII of the Code and make such order with respect to costs as it deems just and the Court shall for the purpose of Limitation Act, 1963 be deemed to have been unable to entertain the suit by reason of a cause of a nature like that of defect of jurisdiction.
