The District Judge to whom such application is made shall, in the first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks necessary as to whether there is sufficient ground for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose behalf he applies is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of a suit, and that the application is made bona fide.
Legal Commentary & Landmark Judgments: Section 193
Section 193 prescribes the preliminary summary inquiry to be conducted by the District Judge upon receiving an application for the protection of property of a deceased person.
In an urgent Section 192/193 petition, the applicant must attend court personally on the filing day to be examined on oath; failure to tender oral testimony under Section 193 prevents the District Judge from issuing urgent interim citations or appointment orders.