72. Application from Charity Commissioner's decision under section 40, [41, 50A, 70 or 70A] [These figures, letters were inserted by Bombay 6 of 1960, Section 37(a).].
(1)Any person aggrieved by the decision of the Charity Commissioner under section 40, 41, [50A] [These figures and letter were inserted by Bombay 6 of 1960, Section 37 (a).], [70 or 70A] [These figures, words and letter were substituted for the word and figures 'or 70' by Bombay 59 of 1954, Section 9 (1).] or on the questions 8[whether a trust exists and whether such trust is a public trust] [These words were substituted for the words 'whether a trust is a public trust' by Bombay 14 of 1951, Section 19 (i).] or whether any property is the property of such trust ,[***] [The words and figures 'under Chapter IV' were deleted by Bombay 14 of 1951, Section 19 (ii).] may within sixty days from the date of the decision, apply to the Court to set aside the said decision.(1A)[ No party to such application shall be entitled to produce additional evidence, whether oral or documentary, before the Court, unless the Deputy or Assistant Charity Commissioner or th4 Charity Commissioner has refused to admit evidence which ought to have been admitted or the Court requires any document to be produced or any witness to be examined to enable it to pronounce judgement or for any other substantial cause to Court thinks it necessary to allow such additional evidence.Provided that whenever additional evidence is allowed to be produced by the Court, the Court shall record the reason for its admission.] [This sub-section was inserted by Bombay 59 of 1954, Section 9(2).](2)The Court after taking [evidence if any,] [These words were substituted for the words 'such evidence as it thinks necessary' by Bombay 59 of 1954, Section 9(3).] may confirm, revoke or modify the decision or remit the amount of the surcharge and make such orders as to costs as it thinks proper in the circumstances.(3)Pending the disposal of an application under sub-section (2) all proceedings for surcharge shall be stayed if the person aggrieved makes out a prima facie case for a stay order.(4)An appeal shall lie to the High Court against the decision of the Court under subsection (2) as if such decision was a decree from which an appeal ordinarily lies.[Explanation: [This Explanation was added by Bombay 6 of 1960, Section 37 (b).] - ln this section, the expression, "decision" shall include a scheme framed or modified under section 50A.] [This proviso was substituted for the original by Bombay 14 of 1951, Section 15(1).]
