Where defence or claim in reconvention is beyond jurisdiction of Court
8. Where in any proceeding before any District Court any defence or claim in reconvention of the defendant involves a matter beyond the jurisdiction of the Court, such defence or claim In reconvention shall not affect the competence or duty of the Court to dispose of the matter in controversy in so far as it relates to the demand of the plaintiff and the defence thereto, and the claim In reconvention :Provided that in any such case it shall be lawful for the Court of Appeal or any Judge thereof, if it thinks fit on the application of any party to the proceedings to order that the whole proceeding be transferred from the Court in which it is instituted to some Court having jurisdiction over the whole matter in controversy. In such case the record in such proceedings shall be transmitted by the Registrar of the Court, to the Court to which by such order the proceeding is so transferred, and the same shall thenceforth be continued and proceeded with, in such Court as if it had been originally commenced therein. |