ORDER XL APPOINTMENT OF RECEIVERS - RULE 1, 2, 3, 4, 5 OF CODE OF CIVIL PROCEDURE 1908

What is the process of Appointment of receivers? Remuneration, Duties, How to do Enforcement of receiver's duties? When Collector may be appointed receiver? Rule 1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908

Appointment of receivers, Remuneration, Duties, Enforcement of receiver's duties and when Collector may be appointed receiver are defined under Rule 1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XL of Code of Civil Procedure 1908 "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 or 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 of those powers as the Court thinks fit.

(2) Nothing in this rule shall authorise 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.

Rule 2 Order XL of Code of Civil Procedure 1908 "Remuneration"

The Court may by general or special order fix the amount to be paid as remuneration for the services of the receiver.

Rule 3 Order XL of Code of Civil Procedure 1908 "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 wilful default or gross negligence.

Rule 4 Order XL of Code of Civil Procedure 1908 "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 willful 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.

Rule 5 Order XL of Code of Civil Procedure 1908 "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.

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