Courts of Justice Act, 1936

Power to strike out with costs in cases of excess of jurisdiction.

60.—Where a civil proceeding is brought in the District Court which that court has not jurisdiction to hear and determine, the justice shall, as soon as such want of jurisdiction becomes apparent, order such proceeding to be struck out and may, if he thinks proper, make an order awarding to the defendant such costs as the court could have awarded if it had jurisdiction to try and determine such proceeding and either the plaintiff did not appear or appeared and failed to prove his demand.