Charitable and Religious Trusts Act,1920
Act No : 14
Section :
Procedure on petition.
5. Procedure on petition.-(1) If the Court on receipt of apetition under section 3, after taking such evidence and making suchinquiry, if any, as it may consider necessary, is of opinion that thetrust to which the petition relates is a trust to which this Actapplies, and that the petitioner has an interest therein, it shall fixa date for the hearing of the petition, and shall cause a copythereof, together with notice of the date so fixed, to be served onthe trustee and upon any other person to whom in its opinion notice ofthe petition should be given. (2) On the date fixed for the hearing of the petition, or on anysubsequent date to which the hearing may be adjourned, the Court shallproceed to hear the petitioner and the trustee, if he appears, and anyother person who has appeared in consequence of the notice, or who itconsiders ought to be heard, and shall make such further inquiries, ifany, as it thinks fit. The trustee may and, if so required by theCourt, shall at the time of the first hearing or within such time asthe Court may permit present a written statement of his case. If hedoes present a written statement, the statement shall be signed andverified in the manner prescribed by the Code of Civil Procedure,1908 (5 of 1908), for signing and verifying pleadings.83 (3) If any person appears at the hearing of the petition andeither denies the existence of the trust or denies that it is a trustto which this Act applies, and undertakes to institute within threemonths a suit for a declaration to that effect and for any otherappropriate relief, the Court shall order a stay of the proceedingsand, if such suit is so instituted, shall continue the stay until thesuit is finally decided. (4) If no such undertaking is given, or if after the expiry ofthe three months no such suit has been instituted, the Court shallitself decide the question. (5) On completion of the inquiry provided for in sub-section (2),the Court shall either dismiss the petition or pass thereon such otherorder as it thinks fit: Provided that, where a suit has been instituted in accordancewith the provisions of sub-section (3), no order shall be passed bythe Court which conflicts with the final decision therein. (6) Save as provided in this section, the Court shall not try ordetermine any question of title between the petitioner and any personclaiming title adversely to the trust.
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