Stay of petition proceedings where a respondent undertakes a declaration action; court suspends petition pending suit resolution. If, after such evidence and inquiry as it considers necessary, the court is of opinion that the instrument is a trust to which this Act applies and that the petitioner has an interest, it shall fix a hearing date, serve notice on the trustee and others, hear the petitioner, trustee and other interested persons, allow the trustee to present a written statement verified under the Code of Civil Procedure, and, where a person denies the trust and undertakes to sue for a declaration, order a stay of proceedings until that suit is finally decided; otherwise the court shall decide the question and may dismiss or make any other order not inconsistent with a subsequently determined suit.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Stay of petition proceedings where a respondent undertakes a declaration action; court suspends petition pending suit resolution.
If, after such evidence and inquiry as it considers necessary, the court is of opinion that the instrument is a trust to which this Act applies and that the petitioner has an interest, it shall fix a hearing date, serve notice on the trustee and others, hear the petitioner, trustee and other interested persons, allow the trustee to present a written statement verified under the Code of Civil Procedure, and, where a person denies the trust and undertakes to sue for a declaration, order a stay of proceedings until that suit is finally decided; otherwise the court shall decide the question and may dismiss or make any other order not inconsistent with a subsequently determined suit.
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