16. Saving of original civil jurisdiction of High Court.-

Nothing in this Act contained shall affect the original civil jurisdiction of the High Court: Provided that-

(1) if any suit or other proceeding is instituted in the High Court which, in the opinion of the Judge who tries the same (whose opinion shall be final), ought to have been instituted in the City Court, no costs shall be allowed to a successful plaintiff, and a successful defendant shall be allowed his costs as between attorney and client;

(2) in any suit or other proceeding pending at any time in the High Court, and Judge of such Court may at any stage thereof make an order transferring the same to the City Court if in his opinion such suit or proceeding is within the jurisdiction of that Court and should be tried therein;

(3) in any suit or other proceeding so transferred, the Court-fees Act, 1870 (7 of 1870), shall apply, credit being given for any fees levied in the High Court.