Section 66
Counterclaims in Sessions Courts and transfers therefrom
of Subordinate Courts Act 1948
Where in any action or suit of a civil nature before a Sessions
Court any defence or counterclaim of the defendant involves matters beyond the jurisdiction of the Court, the defence or matter shall not affect the competence or the duty of the Sessions Court to dispose of the whole matter in controversy, so far as relates to the demand of the plaintiff and any defence thereto, but no relief exceeding that which
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the Court has jurisdiction to award shall be given to the defendant upon the counterclaim.
(2)
In any such case the High Court may, if it thinks fit, on the application of any party, order that the action or suit be transferred to the High Court, and the action or suit shall then be entered in the cause book or register of civil suits of the High Court, and proceeded with as if the action or suit had been originally instituted therein.