Free Judiciary Notes · CPC Notes
CPC Order 40
4 min read
ORDER XL-
APPOINTMENT OF RECEIVERS
1. APPOINTMENT OF RECEIVERS—
1. Where it appears to the Court to be just and convenient, the Court may by order—
(a) appoint a receiver of any property, whether before or after decree;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management of the receiver; and
(d) confer upon the receiver all such powers, as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such those powers as the Court thinks fit.
2. Nothing in this rule shall authorize the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove.
Under which Order of Civil Procedure Code Provision relating to "Appointment of Receivers" has been provided?
(a) Order XL, Rule 1
(b) Order XXI, Rule 1
(c) Order XI, Rule 1
(d) Order XX, Rule 1
Ans. (a)
The court may by order appoint a receiver of any property before decree:
(a) Where it appears to the court to be just and convenient
(b) Where the suit property is in danger of being wrongfully sold in execution of a
(c) Where the defendant is about to dispose of the whole or any part of his property
(d) Where the defendant has ascended the local limits of the jurisdiction of the court
Ans. (a)
Appointment of receivers of any property can be made when—
(a) Before decree
(b) After decree
(c) Only appellate court can made order
(d) It appears to the court to be just and convenient whether before or after decree
Ans. (d)
2. REMUNERATION—
The Court may be general or special order fix the amount to be paid as remuneration for the services of the receiver.
3. DUTIES—
Every receiver so appointed shall—
(a) furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive in respect of the property;
(b) submit his accounts at such periods and in such form as the Court directs;
(c) pay the amount due from him as the Court directs; and
(d) be responsible for any loss occasioned to the property by his willful default or gross negligence.
4. ENFORCEMENT OF RECEIVER'S DUTIES—
Where a receiver—
(a) fails to submit his accounts at such periods and in such form as the Court directs, or
(b) fails to pay the amount due from him as the Court directs, or
(c) occasions loss to the property by his wilful default or gross negligence, the Court may direct his property to be attached and may sell such property, and may apply the proceeds to make good any amount found to be due from him or any loss occasioned by him, and shall pay the balance (if any) to the receiver.
5. WHEN COLLECTOR MAY BE APPOINTED RECEIVER—
Where the property is land paying revenue to the Government, or land of which the revenue has been assigned or redeemed, and the Court considers that the interests of those concerned will be promoted by the management of the Collector, the Court may, with the consent of the Collector, appoint him to be receiver of such property.
Under which provision of the Code of Civil Procedure 1908, the Collector may be appointed as receiver?
(a) Order XL Rule 5
(b) Order XLI Rule 1
(c) Order XL Rule 2
(d) Order XLI Rule 5
Ans. (a)
A person who is appointed to protect the disputed property is known as
(a) A judgement debtor
(b) Commissioner
(c) Receiver
(d) A pauper
Ans. (c)
A receiver:
(a) can be sued generally for acts done in his official capacity by a third party
(b) cannot be sued at all for acts done in his official capacity by a third party
(c) can sue and can be sued for acts done in his official capacity by the third party only with the leave of the court appointing him
(b) none of the above
Ans. (c)