Return of plaint in suits involving questions of title.

(1) Notwithstanding anything herein contained, when the right of 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 any other title which such Court cannot finally determine, the Court may at any stage of the case return the plaint to be presented for the purpose 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 sub-rule (2) of Rule 10 of Order 7 of the Code of Civil Procedure, 1908 and make such order with respect to costs, as it thinks just and for the purposes of the Indian Limitation Act, 1908 it shall be deemed that the Court was not competent to entertain the suit by reason of a defect of jurisdiction.