Power to transfer to District Court cases where subject-matter in dispute exceeds the pecuniary jurisdiction of Court of Small Causes

Civil195826 of 32 sections available

Statutory text

(1) In any case under section 27J or section 27K, if the value of the subject-matter in dispute exceeds the limits of the pecuniary jurisdiction of the Court of Small Causes, the applicant or claimant may apply to the District Court to transfer the case to itself, and the District Court, on being satisfied that it is expedient that the case should be disposed of by itself, may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in the case by the Court of Small Causes and may make such order therein as the District Court thinks fit.
(2) Every application under sub-section
(1) shall be made within seven days from the date of the seizure of the subject-matter in dispute.
(3) In granting applications under sub-section (1), the District Court may impose such terms as to payment of, or giving security for, costs or otherwise as it thinks fit.
(4) The procedure in cases transferred under this section shall conform, as far as may be, to the procedure in suits before the District Court in the exercise of its original Civil jurisdiction; and orders made under this section may be executed as if they were made in the exercise of such jurisdiction.

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