Section 178 in The Rajasthan Law And Judicial Department Manual, 1952
178. Procedure to be followed when applications are addressed to the Collector.
(1)When a Collector receives an application for consent to the institution of a suit under sections 91 and 92 other than the one received by him for enquiry under the rule 176, he should order an enquiry to be made and, in case he is of opinion that consent should be given. He should forward the papers relating to the enquiry together with a report containing his opinion to the State Government for previous sanction as required by section 93 of the Code of Civil Procedure, 1908 (V of 1908).(2)In the case of an application under section 92 the enquiry may as far as possible be directed towards the following issues :-(i)Does a trust exist for public purposes of charitable or religious nature ?(ii)Has there been a breach of such trust ?(iii)Have the applicants an interest in such trust ?(iv)Are they fit and proper persons to be entrusted with the conduct of the suit ?(3)In the case of an application under section 91, the enquiry may as far as possible, be directed towards the following issues :-(i)Whether there exists public nuisance, if so, of what nature ?(ii)Are the applicants fit and proper persons to be entrusted with the conduct of the suit ?(4)The inquiry need not be elaborated and only a prima facie case need be made out on each issue by the applicants. The inquiry should not be allowed to develop into a regular trial.
