AI Overview...
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Section 151 CPC - The section grants inherent powers to courts to make necessary orders to prevent injustice or to carry out the decree effectively, especially when no specific procedural provision applies. It is frequently invoked for appointing receivers, securing assets, or rectifying procedural issues in civil suits SHIB SANKAR RUDRA VS JYOTIRMOY RUDRA - Calcutta, Nilkanta Ghose VS Swarnamoyee Dassi - Calcutta, ALFREDO FERNANDES REP. BY POA AUREO CARVALHO AND ANR vs ALEX CAMILO RODRIGUES AND 3 ORS - Bombay.
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Appointment of Receiver - Courts have exercised their inherent powers under Section 151 CPC to appoint receivers in various contexts such as execution of decrees, management of property during suits, or in partition cases. The appointment is typically based on the necessity to protect assets, manage properties, or ensure justice, especially when specific provisions like Order 40 Rule 1 CPC are not applicable or insufficient SHIB SANKAR RUDRA VS JYOTIRMOY RUDRA - Calcutta, Joti Prasad VS Rameshwar Nath - Allahabad, SHIVAKUMAR S/O BASHETTEPPA SUNKAD, SHASHIDHAR S/O BASHETTEPPA SUNKAD, KARIBASAVARAJ S/O BASHETTEPPA SUNKAD vs SRI SANGAPPA PAMPANNA GADADSHETTAR TRUST KOPPAL - Karnataka, GYANENDRA PRASAD BOSE VS RAJENDRA PRASAD BOSE AND RAMANATH RAY - Orissa.
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Inherent Powers and Flexibility - Section 151 CPC provides courts with wide discretion to issue interim or protective orders, including appointment of receivers or trustees, disclosure of assets, or other measures to secure justice. These powers are invoked even before the main evidence or trial proceedings are completed Nilkanta Ghose VS Swarnamoyee Dassi - Calcutta, ALFREDO FERNANDES REP. BY POA AUREO CARVALHO AND ANR vs ALEX CAMILO RODRIGUES AND 3 ORS - Bombay.
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Limitations and Procedure - While courts have broad powers under Section 151 CPC, such actions are subject to judicial discretion and must align with principles of justice. For instance, appointment of a receiver for temple administration or in trust property cases requires proper procedural steps and justifications, often challenged on appeal POOVARANY DEVASOM BHARANASAMITHI TRUST vs K N NARAYANAN NAMBOOTHIRI - Kerala.
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Appeals and Challenges - Orders under Section 151 CPC, such as appointment of receivers, are generally appealable if they affect rights or property management, as seen in cases involving temple administration or partition suits. The courts emphasize adherence to proper procedures and the importance of judicial oversight POOVARANY DEVASOM BHARANASAMITHI TRUST vs K N NARAYANAN NAMBOOTHIRI - Kerala.
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Application in Specific Cases - Section 151 CPC has been applied for various purposes, including securing assets in money suits, managing properties during litigation, and addressing procedural gaps. It is a vital tool for courts to ensure effective administration of justice where statutory provisions are silent or inadequate Surendra Sawhney VS Murlidhar - Rajasthan, GYANENDRA PRASAD BOSE VS RAJENDRA PRASAD BOSE AND RAMANATH RAY - Orissa.
Analysis and Conclusion
Section 151 CPC is a crucial legal provision that empowers courts to issue necessary orders to uphold justice, especially through the appointment of receivers or trustees, securing assets, or rectifying procedural issues. Its broad scope allows courts to act in the interest of fairness and effective enforcement of decrees, provided such actions are justified and follow proper judicial procedures. The section complements specific procedural rules, offering flexibility to courts in complex or unique situations where statutory provisions alone may be insufficient.
Search Results for "Appointment of Reciver under Section 151 of the Cpc"
2003 0 Supreme(Cal) 357 • India - Calcutta
ARUN KUMAR MITRA
APPOINTMENT OF RECEIVER - EXECUTION OF DECREE - SECTION 151 CPC - SECTION 51 CPC - EXECUTION OF DECREE BY APPOINTING RECEIVER ... under Section 151 CPC when there was a specific provision under Section 51 CPC for the appointment of a Receiver for execution of ... The decree-holder then filed a petition under Section#....
1986 0 Supreme(All) 332 • India - Allahabad
B.N.SAPRU
Receiver - Civil Procedure - The court refused to appoint a Receiver under Order 40 Rule 1, CPC and made an order under Section ... Fact of the Case: The plaintiff had made an application for the appointment of a Receiver, but the trial court did ... 151, CPC, which was not appealable under Order 43 Rule 1 (s), CPC. ... The Court refused' to appoint a Receiver but it appears to have made an order under ....
1919 0 Supreme(Cal) 451 • India - Calcutta
LANCELOT SANDERSON, EARNEST FLETCHER, ASUTOSH MOOKERJEE
Receiver - Suit - CPC Section 151 - The court exercised its inherent power under Section 151 of the CPC to rectify a situation ... Ratio Decidendi: The court held that it had the inherent power under Section 151 of the CPC to make such orders as may be ... the Court: The court found that the trial court had passed the decree under a misapprehension, as it was not aware of the appointment ... The....
2024 Supreme(Online)(Bom) 1680 • India - Bombay High Court
BHARAT P. DESHPANDE, J
(A) Code of Civil Procedure, 1908 - Section 151 - Application for disclosure of assets - The Trial Court rejected the Plaintiffs' ... 151 of CPC for asset disclosure to secure their interests pending the suit. ... 151 CPC must be exercised to secure justice, especially in money suits, and that such applications can be made even before evidence ... The powers under Section 151 of CPC are wide enough. ... The Court m....
2025 Supreme(Online)(Kar) 16813 • India - Karnataka High Court
HANCHATE SANJEEVKUMAR, J
The appeal arises under Order 43 Rule 1(R) of the CPC against the order dated 24.11.2022 in O.S.No.55/2020, where the plaintiffs ... claimed possession and sought to appoint a receiver. ... The Trial Court allowed the application for appointing a receiver to manage the properties. ... During pendency of the suit, the plaintiffs/respondents have filed I.A.No.1/2021 under Order XL Rule 1 read with Section 151 of CPC, praying for appointment of receiver....
1952 0 Supreme(Ori) 81 • India - Orissa
R.L.NARASIMHAM, MOHAPATRA
ALLOWANCE TO A PARTY IN A PARTITION SUIT UNDER SECTION 151 CPC. ... Fact of the Case: Plaintiff filed a suit for partition and made an application for appointment of a receiver. ... Whether the court has power to order maintenance allowance to a party in a partition suit under Section 151 CPC. 2. ... Rao, invoking the provisions of Section 151, Code of Civil Procedure, that the Court below is pe....
2007 0 Supreme(Raj) 1409 • India - Rajasthan
R.M.LODHA, MOHAMMAD RAFIQ
C.P.C., Sec. 10, 151, Order 1 Rule 10, Order 6 Rule 17, Order 39 Rule 1 and 2 – Scope of the word "trial" in Sec. 10 CPC and jurisdiction ... ... fl-iz-la-] /kkjk 10] 151] vknsk 1 fu ... not preclude the Court from consideration of interlocutory reliefs – Inspite of the trial of the suit having been stayed u/S. 10 CPC ... He is directed to hear and decide the two applications made under Order 1 Rule 10 and Order 6 Rule 17 read with Section 151 CPC ....
1996 0 Supreme(Del) 519 • India - Delhi
S.K.MAHAJAN
... Civil Procedure Code 1908 - Order 41 Rule 1 r/w Section 151 CPC ... Arbitration Act 1940 - Section 20 — Appointment of arbitrators — Intervention of court — Petitioner sought appointment of arbitrator ... — Appointment of receiver — Petitioner leased excavator against lease agreement — Defaulted in making payment — Petitioner sought ... ... ( 7 ) ALONG with the suit, an application under Section 41 of the Arb....
2025 Supreme(Online)(KER) 4978 • India - High Court of Kerala
SYAM KUMAR V.M., J
(A) Civil Procedure Code, 1908 - Section 151 - Appeal against order appointing a receiver for temple administration - The Subordinate ... without such an appointment. ... Judges Court allowed the appointment of a receiver for managing the temple properties, which was challenged in this F.A.O. - The ... I.A.No.11 of 2024 was filed by the 1st respondent seeking to appoint a receiver for administration of the plaint schedule properties and management of....
1925 0 Supreme(Mad) 488 • India - Madras
The court emphasized that the reversioner cannot claim to be a trustee at present and suggested the appointment of a trustee or receiver ... The court emphasized the proper procedure for addressing the alienation of trust property and the appointment of a trustee or receiver ... held that the reversioner was not entitled to maintain the suit as the proper course was to obtain the required sanction under Section ... The proper course is for the plaintiff together with one or more interested persons after....
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