M.P. Civil Judge 2019 Paper I

Discuss legal provisions relating to appointment & duties of Receiver? When collector may be appointed as Receiver?

Verified Answer
  1. Core Legal Answer & Context: A Receiver is an impartial person appointed by a court to take possession and manage property that is the subject of litigation, pending the final decision of the court. The primary objective is to preserve the property, prevent waste, and protect the interests of all parties involved. The appointment of a receiver is a discretionary power of the court, exercised when it appears 'just and convenient'.

Duties of a Receiver (Order XL, Rule 3):

  • To furnish security as the court thinks fit, to account for what he shall receive in respect of the property.
  • To submit accounts at such periods and in such form as the court directs.
  • To pay the amount due from him as the court directs.
  • To be responsible for any loss occasioned to the property by his willful default or gross negligence.
  • To manage the property, collect rents and profits, and generally act under the direction of the court.

When Collector may be appointed as Receiver (Order XL, Rule 5): Where the property in dispute is land paying revenue to the Government, and the court considers that the interests of those concerned will be promoted by the management of the Collector, the court may, with the consent of the Collector, appoint him to be the Receiver. This provision recognizes the Collector's expertise in managing revenue-paying land and aims to ensure efficient administration of such property during litigation.

  1. Relevant Statutes and Sections: Order XL (Rules 1 to 5) of the Civil Procedure Code, 1908.
  • Rule 1: Provides for the appointment of a Receiver when it appears just and convenient.
  • Rule 3: Outlines the duties of a Receiver.
  • Rule 5: Specifically deals with the appointment of a Collector as Receiver.
  1. Important Landmark Cases:
  • K. Sanjeeva Rao v. T.V. Krishna: Reiterated that the appointment of a receiver is a drastic remedy and should be exercised with caution, only when necessary to preserve the property from damage or dissipation.
  • Balakrishna v. B.N. Srikantaiah: Discussed the 'just and convenient' principle, emphasizing that the court must be satisfied that the property is in danger of being wasted or alienated.
  1. Clear Conclusion: The appointment of a Receiver is an equitable remedy under the CPC to safeguard disputed property during litigation. While typically a private individual, the Collector may be appointed as a Receiver for revenue-paying land, leveraging their administrative capacity to ensure proper management and preservation of such assets, all under the court's supervision.