Downloaded 37 times
![HOW APPOINTMENT OF RECEIVERS TAKES PLACE
? [ RULE 1]
(1) Where it appears to the Court to be just and convenient, the Court may by
order—
• appoint a receiver of any property, whether before or after decree;
• remove any person from the possession or custody of the property;
• commit the same to the possession, custody or management of the
receiver; and](https://image.slidesharecdn.com/10-200513161004/75/Order-XL-Appointment-of-Receivers-3-2048.jpg)
![REMUNERATION [ RULE 2]
• The Court may be general or special order
• fix the amount to be paid as remuneration
• for the services of the receiver.](https://image.slidesharecdn.com/10-200513161004/75/Order-XL-Appointment-of-Receivers-6-2048.jpg)
![DUTIES OF THE RECEIVERS [RULE 3]
Every receiver so appointed shall—
• furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive
in respect of the property;
• submit his accounts at such periods and in such form as the Court directs;
• pay the amount due from him as the Court directs; and
• be responsible for any loss occasioned to the property by his willful default or gross
negligence.](https://image.slidesharecdn.com/10-200513161004/75/Order-XL-Appointment-of-Receivers-7-2048.jpg)
![ENFORCEMENT OF DUITES OF RECEIVERS
[RULE 4]
Where a receiver—
• fails to submit his accounts at such periods and in such form as the Court directs, or
• fails to pay the amount due from him as the Court directs, or
• 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 his or any loss
occasioned by him, and shall pay the balance (if any) to the receiver.](https://image.slidesharecdn.com/10-200513161004/75/Order-XL-Appointment-of-Receivers-8-2048.jpg)
![When Collector may be appointed receiver
[ Rule 5]
• 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.](https://image.slidesharecdn.com/10-200513161004/75/Order-XL-Appointment-of-Receivers-9-2048.jpg)
Uploaded byAMITY UNIVERSITY RAJASTHAN
Order XL Appointment of Receivers
The document discusses the appointment of receivers in India. It notes that receivers can be appointed by a court before or after a decree to act as custodians of property during legal proceedings. Receivers essentially take on the role of property owners and have powers to manage, protect, and improve the property. They must submit accounts to the court, pay amounts owed, and are responsible for any losses due to willful misconduct or negligence. The court can enforce receivers' duties and hold them accountable by attaching their property if needed. Collectors may also be appointed as receivers for certain land revenue properties with the collector's consent.
Law◦
![O. XXXVII OF CPC,1908 [SUMMARY PROCEDURE]](https://cdn.slidesharecdn.com/ss_thumbnails/11-200515064029-thumbnail.jpg?width=640&height=640&fit=bounds)
Order XL Appointment of Receivers
- 1. APPOINTMENT OF RECEIVERS O. XL By- ALISHAVERMA ASSISTANT PROFESSOR LAW MANIPAL UNIVERSITY JAIPUR
- 2. Main points asto RECEIVERS • A person appointed by the court before or after the decree has been passed if the court thinks for any reason that a property needs a custodian. • For Immovable or Movable property pending the proceedings into the court • Receiver basically gets into the shoes of the owner of that property and has all the powers • He is assigned the management of property either with or without custody of property • The property shall be considered as custodio legis i.e. custody of law • If any loss is caused to the property because of the negligence of RECEIVERS then court may sell his property to make that loss good.
- 3. HOW APPOINTMENT OFRECEIVERS TAKES PLACE ? [ RULE 1] (1) Where it appears to the Court to be just and convenient, the Court may by order— • appoint a receiver of any property, whether before or after decree; • remove any person from the possession or custody of the property; • commit the same to the possession, custody or management of the receiver; and
- 4. Confer upon thereceiver following 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.
- 5. • Nothing inthis 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.
- 6. REMUNERATION [ RULE2] • The Court may be general or special order • fix the amount to be paid as remuneration • for the services of the receiver.
- 7. DUTIES OF THERECEIVERS [RULE 3] Every receiver so appointed shall— • furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive in respect of the property; • submit his accounts at such periods and in such form as the Court directs; • pay the amount due from him as the Court directs; and • be responsible for any loss occasioned to the property by his willful default or gross negligence.
- 8. ENFORCEMENT OF DUITESOF RECEIVERS [RULE 4] Where a receiver— • fails to submit his accounts at such periods and in such form as the Court directs, or • fails to pay the amount due from him as the Court directs, or • 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 his or any loss occasioned by him, and shall pay the balance (if any) to the receiver.
- 9. When Collector maybe appointed receiver [ Rule 5] • 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.