RECEIVER (ORDER XL) - MEANING, APPOINTMENT,DUTIES

Updated: May 20

MEANING- The word has not been defined in the code. The same may be defined as under-

“ The receiver is an important person appointed by the court to collect and receive, pending the proceedings, the rents, issues and profits of land or personal estate, which it does not seem reasonable to the court that either party should collect or receive, or for enabling the same to be distributed among the persons entitled.


The receiver is appointed for the benefit of all concerned: he is the representative of the court, and for all parties interested in the litigation, wherein he is appointed. He is an officer or representative of the court and he functions under its directions.

APPOINTMENT-

In order to prevent the ends of justice from being defeated the court may, if it is so prescribed, appoint a receiver of any property and enforce of his duties by attaching and selling his property. The remuneration for the service of the receiver shall be paid by the order of court.

ORDER XL: Rule 1(1) provides that:-

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 the 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.

DUTIES AND ENFORCEMENT –

Rule 3 DUTIES; Every receiver so appointed shall-

a- Furnish such security as the court thinks fit, duly to account for what he shall receive in respect of the property.

b- Submit his accounts 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 ENFORCEMENT OF RECEIVER’S DUTIES:

a- Fails to submit his account at such periods and in such form as the court directs. Or

b- Fails to pay the amount due from as the courts direct, or

c- Occasions loss to the property by his wilful default or gross negligence.

According to Rule- 5, a collector may be appointed as a 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 the receiver of such property.

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