A person made personal donations to a Saint via cheques in the years 2007 & 2008.The same were deposited in the personal bank accounts of the Saint,as wished by the person(he wanted to donate the amount personally to the saint and not to the trust that was chaired by the saint).No receipt was issued to the person(was not sought by him) nor was any other agreement(loan etc.)done as the amount was donated out of goodwill and feeling of devotion on the part of the person who was a devotee then.Also, this was an exception as all the Saint normally never accepted personal donations.
The bank accounts and the place of residence of the saint and the person were all in the same city.
He had a change of heart in 2010 and demanded his money back saying that the money was a loan.
He does not posses any written agreement showing the amounts donated to be loan.
He now claims to be residing in another city (which happens to be his native place as well) from the year 2006,which is not true.He has a ration card and gas connection issued in the original city that are still in use.Also he states that the cheques were handed over in his new city of residence (which again is false as the saint has never visited his hometown).He intends to file a suit in his hometown reclaiming the amount as loan (with interest).He has sent a legal notice via his lawyer for the same.
have a few questions regarding this matter:
1) Can donations be accepted by Saints in their personal capacity?
2) Where will the jurisdiction of the suit lie? In the original city (where the banks are located in which the transactions took place and where he stayed) or where he intends to file the petition(falsely claiming his residence to be there)?
3) If the court of person's hometown admits his suit,then will the suit be transferred to the original city by submitting an application for the same?
4) Is the court bound to accept this application or can it rule otherwise?
5) If the court of his hometown refuses to stay proceedings/transfer the suit,then can the high court of that state be approached?
6) Is it mandatory to file the application fror transfer of court on the first hearing itself?
7) Under what rule/section can the application be filed?
