Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Receiver - Provision can be applied to partnership firms - For just and convenient reasons Court can appoint a Receiver - Before ordering the appointment of Receiver it is obligatory upon the plaintiff to show a good prima facie case to justify the appointment of Receiver - Where the defendant in a suit for..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - To collect rent of suit property and maintain accounts - Suit for partition and separate possession between mother and daughter - Appellant a very old lady who cannot take upon herself the task of collecting rent from the tenants regularly and maintain accounts and to ensure proper maintenance of the structure etc...........
Civil Procedure Code, 1908, Section 51(d), Order 21, Rule 50, Civil Procedure Code, 1908, Order 40, Rule 1 -- Decree against firm - Execution - There is no bar for the Court to invoke powers U.O.40.R.1 to appoint receiver to proceed against the property of the firm...........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(s) -- Order U.O.40.R.1 - Order is appealable U.O.43.R.1(s) CPC...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment of receiver suo motu in writ proceedings - Lower Courts rejected prayer for interim relief pending suit and dismissing application on merit - High Court in writ petition appointed Receiver suo motu though none of the parties asked for it - Improper - Power to appoint Receiver suo motu cannot be..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Authority of Receiver to effect sale of immovable property prior to the passing of the decree - Question of there being any embargo in the matter of sale of immovable property by receiver before passing decree does not and cannot arise - It is only in the case, where the Court feels it expedient that in the event..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Suit against - Permission of Court - Permission need not always be obtained before institution of the suit - It is sufficient if the plaintiff obtains and produces it before the question of maintainability on that ground is decided by the Court...........
Civil Procedure Code, 1908, Section 24, Order 40, Rule 1 -- Suit against receiver - Transfer application - Court permission to file transfer application is not required...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - The mere circumstance that the appointment of a receiver will do no harm to anyone is no ground for appointing receiver...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - AIR 1965 Orissa 20 followed wherein held that: Court should not appoint a receiver of property in the possession of the defendant who claim it by legal title, unless the plaintiff can show prima facie that he has a strong case and good title to the property - Court must consider whether special..........
