Section 18. Application 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.
Judgements applying section 18
of 5 2026:THC:599 HIGH COURT OF TRIPURA AGARTALA CRP No.23/2026 1. Sri Pranajit Sinha Roy, S/O. Late Jogendra Chandra Roy alias Jogendra Chandra (Saha) Roy, residing at Udaipur Town, Giridhari Pally, P.S.-Radha Kishore Pur, Parganas Udaipur
DismissedOpenCOURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW Neutral Citation No. - 2024:AHC-LKO:66070 RESERVED A.F.R. Judgment reserved on 18.09.2024 Judgment Delivered on 24.09.2024 Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 4278 of 20
AllowedOpen- AllowedOpen