Power of Courts as to costs in certain suits against trustees of charitable and religious trusts

Section 10 of the Charitable and Religious Trusts Act, 1920 deals with power of Courts as to costs in certain suits against trustees of charitable and religious trusts. In any suit instituted under section 14 of the Religious Endowments Act, 1863 (20 of 1863), or under section 92 of the Code of Civil Procedure, 1908 (5 of 1908), the Court trying such suit may, if, on application of the plaintiff and after hearing the defendant and making such inquiry as it thinks f The Act came into force on 20 Mar 1920.

(1) In any suit instituted under section 14 of the Religious Endowments Act, 1863 (20 of 1863), or under section 92 of the Code of Civil Procedure, 1908 (5 of 1908), the Court trying such suit may, if, on application of the plaintiff and after hearing the defendant and making such inquiry as it thinks fit, it is satisfied that such an order is necessary in the public interest, direct the defendant either to furnish security for any expenditure incurred or likely to be incurred by the plaintiff in instituting and maintaining such suit, or to deposit from any money in his hands as trustee of the trust to which the suit relates such sum as such Court considers sufficient to meet such expenditure in whole or in part.

(2) When any money has been deposited in accordance with an order made under subsection (1), the Court may make over to the plaintiff the whole or any part of such sum for the conduct of the suit. Before making over any sum to the plaintiff, the Court shall take security from the plaintiff for the refund of the same in the event of such refund being subsequently ordered by the Court.

Section 10, The Charitable and Religious Trusts Act, 1920 (Act 14 of 1920).