section 38
Recourse to ordinary courts in cases where action has not been taken under Part I
The Sikh Gurdwaras Act, 1925General1925170 of 183 sections available
Statutory text
Recourse to ordinary courts in cases where action has not been taken under Part I.—(1) If a suit is pending in any civil court in which it is claimed that any right, title or interest in any property belongs to a gurdwara, and no action has been taken under the provisions of Part I in respect of such gurdwara, the court shall, if it is satisfied that the gurdwara is a Sikh Gurdwara, proceed to decide the suit in accordance with the provisions of this Act, as if the gurdwara were a Notified Sikh Gurdwara.
- (2) In any such suit, if an issue is raised whether the gurdwara is or is not a Sikh Gurdwara, the court shall itself decide the issue, and its decision shall have effect as if it were a decision of a Tribunal under this Act.
- (3) The provisions of this Part shall apply to any such suit as if the suit were a proceeding before a Tribunal.
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