Sathasivam Et Al., V. Vaithianathan

Present : Bertram C. J. and De Sampayo J.

SATHASIVAM et al. v. VAITHIANATHAN et al.

151-D.C. Colombo, 2,002.

Appointment of receiver-Action in respect of a charitable trust-Trusts Ordinance, No. 9 of 1917, s. 102-Civil Procedure Code, s. 671.

An action brought in respect of a religious charitable trust under section 102 of the Trusts Ordinance, No. 9 of 1917, is subject to the general provisions of the Civil Procedure Code, and it is competent to the Court to appoint a receiver in respect of the trust property under section 671 of the Civil Procedure Code.

THE facts-appear from the judgment.

A. St. V. Jayawardene, K.C. (with him Keuneman and Spencer Rajaratnam), for appellants.-Section 102 of the Trusts Ordinance is not exhaustive as regards the remedies available in respect of trust properties. All actions under the Ordinance are governed by the

1982. rules relating to civil procedure, section 116, Ordinance No. 9 of 1917, and section 671, Civil Procedure Code, gives the remedy to have a receiver appointed to safeguard the trust property pendente lite. than Appellants, as members of the congregation, are entitled to h

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