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THE FIRST SCHEDULE · ORDER XL APPOINTMENT OF RECEIVERS

Order XL Rule 1: Appointment of receivers

The Code of Civil Procedure, 1908

(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 realisation, 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.

Questions on this rule

2 questions in 13 of our papers cite Order XL Rule 1. Try these from the free papers:

  1. 1. Which of the following orders are appealable under Order XLIII Rule 1 CPC? 1. An order under Order XXXIII Rule 5 or Rule 7 rejecting an application for permission to sue as an indigent person. 2. An order under Order XL Rule 1 appointing a receiver. 3. An order under Order XLI Rule 19 refusing to re-admit an appeal dismissed for default. 4. An order under Order VI Rule 17 refusing leave to amend a pleading. Select the correct answer:

Practise questions on Civil Procedure Code