Rule 1 of CPC : Rule 1: Appointment of receivers.

CPC

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Explanation using Example

Example 1:

Scenario: Dispute over Family Property

Ravi and his brother Suresh are in a legal dispute over their ancestral property. The property includes a large piece of agricultural land and a residential house. Both brothers claim ownership and are unable to come to an agreement. The case is brought before the court.

Application of the Act: The court finds it just and convenient to appoint a receiver to manage the property until the dispute is resolved. The court issues an order under Rule 1 of Order XL of the Code of Civil Procedure, 1908, appointing a receiver.

Court Order:

  • The receiver is given the authority to take possession of the agricultural land and the residential house.
  • The receiver is tasked with managing the property, including collecting rent from tenants living in the house and overseeing the agricultural activities on the land.
  • The receiver is also empowered to take necessary actions to protect and preserve the property, such as making repairs to the house or ensuring the land is properly cultivated.
  • The receiver will collect all profits and rents from the property and hold them until the court makes a final decision on the ownership dispute.

Example 2:

Scenario: Business Partnership Dispute

Anita and Meera are business partners running a successful retail store. Due to irreconcilable differences, they decide to dissolve the partnership. However, they cannot agree on how to divide the assets and profits of the business. The matter is taken to court.

Application of the Act: The court determines that it is just and convenient to appoint a receiver to manage the business assets and operations until the partnership dissolution is finalized. The court issues an order under Rule 1 of Order XL of the Code of Civil Procedure, 1908, appointing a receiver.

Court Order:

  • The receiver is appointed to take control of the retail store, including all inventory, cash, and other assets.
  • The...

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