Civil Procedure Code, 1908, Order 41, Rule 1 -- Appointment of receiver - Partition suit - Death of Receiver appointed by Court - Family of receiver using the property since the death of receiver - It is thus, just and convenient to appoint son of receiver as receiver - Direction issued...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of Court receiver - Suit for declaration and partition - Admittedly Defendant Nos.2 and 4 are using almost the entire suit property excluding the small portion of the 60 ft. desk being alleged to be used by Plaintiff No.1 and two other small portions which are in occupation of two of the occupants - Held, no party..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Receiver - Appointment - Partition suit - Merely showing case of adverse and conflicting claims to property is not sufficient - Plaintiff has to show some emergency or danger demanding immediate action and that person in possession has obtained it through fraud or force requiring interposition by Receiver for security of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Suit for partition - For appointment of receiver wastage, damage and alienation of property are matters which require consideration...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partition suit - Contesting respondents in possession and management of properties of firm - Appointment of a stranger as a receiver would not be in the interest of either party and would occasion injustice - Respondents appointed as receivers pending disposal of suit - This is subject to other party appointing its..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Prima facie case sufficient for appointment of receiver and proof as to waste or mismanagement unnecessary - In a partition suit when one co-owner occupies the whole property and excludes other co-owners from the shares of rents and profits of the property, a case of appointment of receiver is made out although no waste or..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Grant of interim maintenance in a partition suit - Court has no power - It has to be borne in mind that the suit in which the claim for maintenance has been made is a suit for partition of the family estate. It is not a suit for maintenance or for grant of alimony. The Code of Civil Procedure does not provide for..........
