CPC Order 40 Rule 1: Receiver Appointment Guide

2024 Supreme(BD)(SC) 14510

Sharif Ahmed, learned Advocate appearing for the appellant submits that under the provision of Order 40 rule 1 of the Code of Civil Procedure the Court may appoint a Receiver of any property when it appears to 87 of 2020 allowing an application for appointment of Receiver filed by the plaintiff under rule 1 of Order XL of the Code of Civil Procedure. ... The defendant filed written objec....

2025 0 Supreme(Ker) 1566

No appeal will lie when there is no specific provision providing for such appeal. The order impugned in this FAO is one passed under Order 40 dismissing the application for appointment of a receiver. ... order of dismissal of application for appointment of the receiver also. ... Appellant has filed this appeal invoking Section 104 with Order 43 Rule 1 (s) of the CPC. Order impugned in ....

2025 0 Supreme(AP) 607

He submits that the appointment of a Receiver cannot be made as a matter of routine and must be in accordance with the procedure prescribed under Order XL Rule 1 of the Code of Civil Procedure. ... He further asserts that defendant Nos.1 to 3 had produced sufficient prima facie material justifying the appointment of a Receiver. ... If the property is ’in medio’, that is to say, in the enjoyment of no one,....

Where, in an action for the recovery of a half share of the rents and profits of certain premises, the plaintiff applied for the appointment of a receiver under section 671 of the Civil Procedure Code,- Held, that the plaintiff was not entitled to Receiver-Application made to protect interest of plaintiff-Object of appointing receiver-Protection of property-Defendant in possession- Civil Pr....

Appointment of receiver-Action in respect of a charitable trust-Trusts Ordinance, No. 9 of 1917, s. 102-Civil Procedure Code, s. 671. ... is said .about an appointment of a receiver in section 102 of tine 1988. Trusts Ordinance. Any action instituted under that section is subject to the general provisions of the Civil Procedure Code (see section 116 of the Ordinance itself). ......

2025 Supreme(Online)(Kar) 38922

Further submitted that the appointment of a receiver is not correct since the defendant’s association is in existence. ... HC-KAR I.A.No.5 filed by the plaintiff under Order XL Rule 1 of 151 of CPC for appointment of a receiver to manage the apartment complexes till disposal of the suit, which was also allowed. 6. ... Hence, submitted that appointment of receiver is no....

2024 0 Supreme(Del) 356

I.A. 22364/2022 (u/O XL r/w Section 151 of CPC, 1908 by D-5 & 5(a) for appointment of Receiver) 33. ... Mathra Datt & Co., AIR 1936 Lahore 1021, observed that there is no provision of the CPC that allowed the rejection of a plaint in part. 21.In the case of Sejal Glass Ltd. v. ... By way of present application, the defendant No. 5 and 5(a) seek appointment of a Receiver#HL_END....

2024 0 Supreme(All) 1411

Order 40 Rule 1 of the Code of Civil Procedure expressly provides for the appointment of a receiver over a property whether before or after the decree and the court may by an order confer on the receiver all powers of realisation, management, protection, preservation and improvement of the property. ... Having heard the learned counsel for the parties, I find that scope of the instant appeal is confined to examine the pray....

2021 Supreme(Online)(MP) 8590

By said order trial Court has allowed the application filed by strangers under S.151 of CPC for initiation of proceedings for appointment of receiver. Trial Court has asked the two receivers to remain present before it on the next date of hearing. ... 2. ... Petitioners have also raised objection that earlier trial Court has passed an order dated 24/07/2019 while hearing respondents" application for appointment of #HL_ST....

2024 Supreme(BD)(SC) 15127

the said appointment letter as well as the provision of the receiver on 28.10.2010 stating that, theof the receiver is re called certainly, the receiver has got no authority to proceed with any action as per the terms and condition of his appointment dated 15.03.2009.

2017 0 Supreme(Kar) 831

V under Order XL, Rule 1 of CPC, r/w Section 44 of the Indian Partnership Act, for an appointment of Receiver. By a common order dated 15.07.2014, the learned Judge has decided all the interim applications. As mentioned above, the learned Judge has dismissed the appellant's Interim Application No. IV, under Order 39, Rules 1 and 2 CPC, for restraining the respondent from running his restaurant in the name and style of "The Only Place".

2016 0 Supreme(Bom) 461

The “Authorized Officer” and its power cannot be compared as the same is governed by the specific provisions of SARFAESI Act and Rules made thereunder. To take symbolic possession by the Respondents and keep the property in trust and even to take physical possession even prior to the decree, but itself is not sufficient to overlook the specific provisions of the SARFAESI Act. The provision of appointment of Receiver under O40 R1 of the CPC are distinct and distinguishable.

2011 0 Supreme(Raj) 981

The Executing Court heard the learned Advocates for the parties and vide its order dated 22.12.2010 dismissed by the said application of the petitioners by holding that the respondent no.1 had already been accepted as the Sajjadanashin as per the decision of the Hon'ble Apex Court, and it was not open for the Executing Court to again decide the said issue. However, the executing court vide its order dated 10.8.2010 dismissed the said objections of the petitioners by observing that the High Cou....

2010 0 Supreme(All) 4318

The preliminary objection is therefore, misconceived. 4. Appointment of Receiver by the Court has been done under Order 40 Rule 1 CPC. An appeal from such order is provided under Order 43 Rule 1 (s) CPC.

2002 0 Supreme(Cal) 685

The application under Order 40 Rule 1 CPC for appointment of receiver is allowed. The order No. 24 dated 11th October, 2001 passed by the learned Assistant District Judge, 2nd Court, Barasat, North 24-Parganas in Title Suit No. 66 of 2000 is set aside. Urgent xerox copy, if applied for, be supplied within 7 days.