Article 363 — Decision on application

(1). Where the application is allowed. the court shan make its dectS101l in accordance with the provisions of the tollo~ Article 5 and sum decision snail be m the torm of a judgment or written order, as the nature of the case may require. (2). Unless Qtherwise provided for 10 this Chapter or the law under \Vhich the application is made, the court shall make its decision on the basis of the application. (3). Nothing in sub-art. (2) shall prevent the court from requiring the production of such evidence 01 additional evidence as may be necessary, on such terms, in such manner and within such 98 CIVIL PROCEDURE CODE time as the court shall direct. Art. 304- Consequent;al orders (I). Any decision under this Chapter shall be made or given m such terms as to costs or otherwise as the court thinks fit. (2). No decision under this Chapter shaD be a bar to the making of such further orders as mayor must be made pursuant to the law under which the application is made, or as may appear expedient 10 the circums~nces. Art. 305- Issue of certificate (I). On making its decision in favour of the applicant, the court shall, where he so requires, provide him with a dated and signed certificate stating in a concise form the contents of such decision. (2). The provisions of sub-art. (I) shall apply in particular in mattelS concerning change of name (Arts. 42 and 43 Civil Code), refUsal to draw up records or to celebrate a marriage (Arts. 139, 470 and 601 Civil Code), prior permission to sue (Arts. 369, ro, 179 and 786 Civil Code), withdrawal of isterdiction (Art. 377 Civil Code), opposition to marriage (Art. S91 Civil Code), widowhood (Art. 596 Civil Code) as well as in cases of applications to consult or to be issued with certain powers or documents or to be auth- rized to depart from certain instructions (Arts. 129, 209, 239, m, 523, 528, 53S and 630 Civil Code). (3), Where an application is made for the correction or cancellatim of records or entries in registers (Arts. 121, 117, 1623 and 1638 CIvil Code) or for approval or confirmation ( Arts. 146, 618. 633, 749, 763, 766, 767, and 804 Civil Code and Art. 441 Commer~ cial Code J or registration or certiftcation, the rourt may, withom further ~inp, but after ba~g ordered such in\'eStiptions as may be necessary, give such directions as are appropriate In the circumstances, or issue a certificate evidenciDg approval, registration or certification or endorse the fact of approval. registration or certiftcation on the relevant dOCUJJH:Dt, as the case may be, together with the date and number thereof, where appropriate. CIVIL PROCEDURE CODE 99 Art. ~.-- Appeal (I). Unless otherwise provided for by the law under which the appli- cation is made, no appeal shall lie from any decision under this Chapter other than a judgment under Arts. 309-311. (2). When an appeal lies from a judgment given under this Chapter it sh..ll be made within ten days from the giving of such judgment and such judgment shall not be enforced until the period for the appeal has expired or the appeal has been decided. PARAGRAPH 2. SPCIAL CASES Art. 3AY1.- Calling of meetings Where, on receiving an application for the calling of a meeting, including a meeting of a family council, the court is satisfied that there is good cause under the law why a meeting should be called, it shall apoint such person as it thinks fit to can such meeting on such tenns as the court shall fix and to carry out with regard to the meeting such other duties as are laid down by law or as the court may direct. Art. JOL- Appointments (1). Where, on receiving an application for the appointment of a provisional director, trustee or liquidator, the court is satisfied that there is good cause unda- the law why such appointment should be made, it shall appoint such person as it thinks fit to carry out the duties of a director, trustee or liquidator and shall, where appropriate. fIX his remuneration. (2). On receiving an application for the appointment of a guardian, tutor, co-tutor or tutor ad hoc, or of an additional member of tutor, co-tutor or tutor ad hoc, or of an additional member of a family council, thecourt shall summon all the relatives of the minor to appear on such day as it sball fIX and the appointment shall be made after such relatives have been heard. (3) The provisions of this Article shall apply by analogy to appli- cations under Arts. 211, 219, 220. 229. 238.: am 383 of the C.. viI Code. 100 CIVIL PROCEDURE CODE Art. 309- Setting aside of resolution (1) An application to set aside a resolution, such as an application under Art. 448 of the Civil Code or Art. 416 of the Commercial Code. shall be accompanied by a copy of such resolution and of ,he memorandum and articles of association of the body corporate concerned. (2) Where the court considers thatiudgment cannot be given (11 th~ application, it shall cause a copy thereof to be served on the body corporate concerned. the directores and auditof!l of which shall be required to file within fifteen days a written reply show- ing cause why the resolution should not be set aside. (3) Where such reply is not filed or such cause is not shown. the court may order the resolution to be set aside. (4) The provisions of this Article shall apply by analogy to appli- cations concerning resolutions expelling an associate, decisions made by the committee of management of an endowment oc under' Art. 549 (I) of the Civil Code, schemes of distribution of protits, final balance sheets and, generally but without pre,iudire to such other provisions of this Code as may be applicabe in any particular case, to objections made by the creditors of a trader. Art. 310- Applications for expulsion, dismissal or removal (I) On receiving an application for the expulsion of a partner <r the dismissal of a manager or trustee, such as an application under Art. 261 or 293 of the Commercial Code or Art. 522 of the Civil Code. the court shall cause a copv thereof to be served on him and require him to file within fiftee~ days a written reply showing cause why he should not be expelled or dismissed. (2) Where such reply is not fIled or such cause is not shown, the court may order expulsion or dIsmissal. (3) The provisions of this Article shall apply by analogy to appli- cations for the removal of a guardian or tutor. Art. 311-- Dissolution of partnership or body corporate (I) An application for the dissolutionof' a partnership or body corporate or for the termination of an endowment or trust shall, where appropriate, be in the form provided for by Art. 309 (I). CIVIL PROCEDURE CODE 101 (2) The provisions of Art. 309 (2) and (3) shall in appropriate cases apply to applications under this Article. Art. 312- Amalgamation of endowments (1) Where art appliCation for the amalgamation of two or more e~ dowments IS made under Art. 505 of the Civil Code, the court shall cause a copy thereof to be served on the Ministry of In- terior which may within fifteen days file a written reply concern- ing the desirability or otherwise of the proposed amalgamation. (2) The court shall or4er amalgamation on being satisfied that it is desirable in the general interest.