Section 23:
Return of plaints in suits involving questions of title .
(1) Notwithstanding anything
in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him
in a Court of Small Causes depend upon the proof or disproof of a title to immovable property
or other title 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.
(2) When a Court returns a plaint under sub-section (1), it shall comply with the
provisions of the second paragraph of 1section 57 of the Code of Civil Procedure
(14 of 1882) and make such order with respect to costs as it deems just, and the Court
shall, for the purposes of the 2Indian Limitation Act, 1877 (15 of 1877), be deemed to have
been unable to entertain the suit by reason of a cause of a nature like to that of defect of
jurisdiction.
Notes:
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10.2. See now the Indian Limitation Act, 1963 (36 of 1963).