402

Religious Endowments.

[1863: Act XX*

Nature of
interest
entitling
person
to fluo.

Reference to
arbitiatorB.

Act X of

1940

applied.

Reference
under Act
X of 1040.

Application

suits.

and may also direct the removal of such trustee, manager, super-
intendent or member of a committee.

15. The interest required in order to entitle a person to sue under
the last preceding section need not be a pecuniary, or a direct or
immediate, interest or such an interest as would entitle, the person
suing to take any part in the management or superintendence of the

trusts.

Any person having a right ot attendance, or having been in the
habit of attending, at the performance of the worship or service of
any mosque, temple or religious establishment, or of partaking in
the benedl of any distribution of alms, shall be deexned to be a
person interested within the meaning of the last pieeedmg section.

16. In any suit or proceeding instituted under this Act it shall be
lawful for the Court before which such suit or proceeding is pend-
ing to order any matter in difference in such suit to be referred for
decision to one or more arbitrators.

Whenever any such order shall be made, the provisions of
1 [Chapter IV of the Arbitration Act, 1940] shall in all respects apply
to such order and arbitration, in the same manner as if such order
had been made on the application of the parties under -[section 21
of the said Act].

17. Nothing in the last preceding section shall prevent the parties
from applying to the Court, or the Court from making the order of
reference, under the said J [section 21 of the Arbitration Act, 1940].

18. No suit shall be entertained under this Act without a preli-
minarY application being first made to the Court for leave to insti-
tute such suit.

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.5 * * * *

Costs. 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.

lSubs. by the Arbitration Act, 1940 (10 of 1940), s. 49(2) and Sch. IV,
for "Ch. VI of the Code of Civil Procedure".

aSubs. for "section 312 of the said Code", ibid.

*Sufos, for "section 312 of the said code of Civil Procedure*

ibid.

*The wo^ds "The application may be made upon unstamped paper" were
rep. by the Court-fees Act, 1870 (7 of 1870), s. 2 and Sch. III.

*The words "In calculating the costs at the determination of the suit,
the stamp duty on the preliminary application shall be estimated and shall
foe added to the costs of the suit", were rep. ibid.