Section 5

Where a plaint is presented to a wrong court

In every case where an action has been instituted in a District Court or a Small Claims Court not having jurisdiction in terms of Chapter VA of the Judicature Act, the provisions of section 47 of the Civil Procedure Code shall apply. In the event the plaint is returned in terms of section 47 of the Civil Procedure Code, notwithstanding anything to the contrary in any other written law, the period between the date of the institution of the action and the date of return of the plaint shall be excluded in computing the period of prescription.