A
receiver under the Code of Civil Procedure (CPC) in India is a person
appointed by a court to take custody and manage the property or assets that are
the subject of a dispute during the pendency of a suit or legal proceedings.
The purpose of appointing a receiver is to preserve and protect the property in
dispute until the final resolution of the case.
The
receiver's role and powers are governed by Order XL (40) of the CPC, and
they are essentially considered an officer of the court, acting under the
court’s supervision. The key features of a receiver's role include:
1. Custody and Protection of Property: The receiver is responsible for
the care, management, and protection of the property in dispute. This includes
collecting rent, profits, or income from the property.
2. Neutrality: The receiver acts impartially to
ensure that the interests of both parties to the dispute are protected until
the court makes a final decision.
3. Powers of a Receiver: A receiver has the power to manage
and preserve the property, make necessary repairs, pay taxes, and conduct any
other action the court permits to ensure the property’s value is not
diminished.
4. Remuneration: The court generally fixes the
receiver's remuneration, which is usually borne by the property or by the
parties to the dispute.
5. Appointment: The court can appoint a receiver
if it deems it just and convenient, typically in situations where:
o The property is at risk of being
wasted, damaged, or misused.
o There is a conflict of interests
among parties regarding the management of the property.
o The property requires oversight to
ensure its value or income is maintained.
The
appointment of a receiver is seen as a temporary remedy, with the court
retaining ultimate control and oversight over the property or asset.
Application
for the Appointment of a Receiver in a Partition Suit
(Under Order 40, Rule 1 of the Code of Civil Procedure)
IN THE COURT OF SH.___________,
DISTRICT, NEW DELHI
Suit
No.__________
IN THE MATTER OF: -
A.B.
............
............ Plaintiff.
Versus
C.D.
and 10 others ............ Defendants
Petition under Order 40, Rule 1 of
the Civil Procedure Code
The petitioner respectfully states as
follows:
1. That the plaintiff is the rightful
owner of 0.66 acres of land, as described in Schedule "C" of the
plaint, which was acquired through a registered sale deed (-------) from
Defendant No. 2, who is a co-owner of the said property.
2. That the land in Schedule C is
clearly demarcated and distinctly separated from the rest of the holding, as
reflected in the plaintiff’s title deed.
3. That the plaintiff has been in
uninterrupted possession of the said land. All the defendants, except for
Defendants No. 5 to 8, have filed a joint written statement acknowledging the
plaintiff’s possession over the Schedule C land.
4. That Defendants No. 5 to 7, however,
dispute the plaintiff's possession, and as a result, the plaintiff has sought
relief through partition in the ongoing suit.
5. That due to the unwarranted
interference by Defendants No. 5 to 7, the plaintiff fears that any attempt to
cultivate the land will lead to a breach of peace and potential harassment.
Additionally, failure to cultivate the land promptly will result in a loss of
crops and economic harm to the plaintiff.
6. That the present petition has been
made bonafide and in the interest of justice.
PRAYER
It
is, therefore, most respectfully prayed that this Hon’ble Court may kindly be
pleased to:
A)
Appoint a Receiver to take control of
the land described in Schedule C, to oversee its cultivation, and to harvest
the future crops under the court's supervision and
B) Pass any other or further order(s) as this Hon’ble
Court may deem fit and proper in the interest of justice.
New Delhi Plaintiff
Date
IN THE COURT OF SH.___________,
DISTRICT, NEW DELHI
Suit
No.__________
IN THE MATTER OF: -
A.B.
............
............ Plaintiff.
Versus
C.D.
and 10 others ............ Defendants
AFFIDAVIT
I,
_______C/o_______, R/o ___________aged about ___ years, do hereby solemnly
affirm and declare as under: -
1. That
I am the plaintiff in the above noted suited and am well conversant with the
facts of the present case and as such competent to depose this affidavit.
2. That
the accompanying petition has been drafted by my counsels on my instruction,
and its contents have been read over to me in vernacular and the same are true
and correct to the best of my knowledge and are not being repeated herein for
the sake of brevity.
2. That
the contents of the accompanying petition may kindly be read as part and parcel
of this affidavit.
DEPONENT
VERIFICATION
Verified
at Delhi on this ____ day of August 20 that the contents of the above affidavit
are true and correct to the best of my knowledge and nothing material has been
concealed therefrom.
DEPONENT
