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.
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.
1. The words "The application may be made upon unstamped paper." rep. by Act 7 of 1870, s. 2 and the Third Schedule (w.e.f. 1-4-1870).
2. The words "In calculating the costs at the termination of the suit, the stamp duty on the preliminary application shall be estimated, and shall be added to the costs of the suit.", rep. by s. 2 and the Third Schedule, ibid.