Lawgist18Application for leave to institute suits
No suit shall be entertained under this Act without a preliminary application being first made to the Court for leave to institute such suit 1***.
The Court, on the perusal of the application, shall determine whether there are sufficient prima facie grounds for the institution of a suit, and, if in the judgment of the Court there are such grounds, leave shall be given for its institution.
Costs.-- 2*** If the Court shall be of opinion that the suit has been for the benefit of the trust, and that no party to the suit is in fault, the Court may order the costs or such portion as it may consider just to be paid out of the estate.
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1. The words "the application may be made upon unstamped paper." rep. by Act 7 of 1870, s. 2 and the Third Schedule.
2. The words "In calculating the costs at the termination of the suit, the stamp duty on the preliminary application shall be estimated, and shall be added to the costs of the suit." rep. by s. 2 and the Third Schedule, ibid.
- 1 [Repealed.]
- 2 Interpretation clause
- 3 Government to make special provision respecting mosques, etc
- 4 Transfer to trustees, etc., of trust-property in charge of Revenue Board
- 5 Procedure in case of dispute as to right of succession to vacated trusteeship
- 6 Rights, etc., of trustees to whom property is transferred under section 4
- 7 Appointment of committees
- 8 Qualifications of member of committee
- 9 Tenure of office
- 10 Vacancies to be filled
- 11 No member of Committee to be also trustee, etc., of mosque, etc
- 12 On appointment of Committee, Board and local agents to transfer property
- 13 Duty of trustee, etc., as to accounts
- 14 Persons interested may singly sue in case of breach of trust, etc
- 15 Nature of interest entitling person to sue
- 16 Reference to arbitrators
- 17 Reference under Act 10 of 1940
- 18 Application for leave to institute suits
- 19 Court may require accounts of trust to be filed
- 20 Proceedings for criminal breach of trust
- 21 Cases in which endowments are partly for religious and partly for secular purposes
- 22 Government not to hold charge henceforth of property for support of any mosque, temple, etc
- 23 Effect of Act in respect of Regulations therein mentioned, and of buildings of antiquity, etc
- 24 [Repealed.]
