Meaning and Definition of Reciever
The term is not defined in the Civil Procedure Code, 1908. Dictionary meaning of a Reciever is a person who gets or accepts something that has been sent or given to them. In legal language, "A receiver is an impartial person who is appointed by the court to collect and receive the rents, profits of land during the pendency of proceedings when it does not seem reasonable to the court that either party should hold it."
Appointment of Receiver -
Where it appears to the Court to be just and convenient, the Court may by order -
(a) appoint a receiver of any property, whether before or after, decree;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management or the receiver; and
(d) confer upon the receiver all such powers, as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit.
Nothing in this rule shall authorize the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove.
Remuneration of Receiver
The Court may by general or special order fix the amount to be paid as remuneration for the services of the receiver.
Power and duties of Receiver -
Powers and duties of a receiver are as follows -
(a) Duties of Receiver -
Duties Every receiver so appointed shall -
(a) furnish such security (if any) as the court thinks fit, duly to account for what he shall receive in respect of the property;
(b) submit his accounts at such periods and in such form as the Court directs;
(c) pay the amount due from him as the Court directs; and
(d) be responsible for any loss occasioned to the property by his wilful default or gross negligence.
(b) Powers of Receiver -
Order 40 Rule 1(d) of Civil Procedure Code 1908, confer upon the receiver following powers -
(1) to institute and defend suits
(2) to realize, manage, protect, preserve and improve the property,
(3) to collect, apply and dispose of the rents and profits.
(4) to execute documents; and
(5) such other powers as it Court thinks fit.
Enforcement of receiver's duties
Where a receiver-
(a) fails to submit his accounts at such periods and in such form as the Court directs, or
(b) fails to pay the amount due from him as the Court directs, or
(c) occasions loss to the property by his wilful default or gross negligence, the Court may direct his property to be attached and may sell such property, and may apply the proceeds to make good any amount found to be due from him or any loss occasioned by him, and shall pay the balance (if any) to the receiver.
When Collector may be appointed receiver -
Where the property is land paying revenue to the Government, or land of which the revenue has been assigned or redeemed, 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 receiver of such property.
Relevant case laws
Balakrishnan Gupta Vs Swadeshi Polytex Limited, AIR 1985 SC 520
In this case, Court held that a receiver is an officer or representative of the court and he functions under its direction
1. Adverse possession (Section 27 of Limitation Act)
2. Interpleader Suit (Section 88, Order 35 Code of Civil Procedure)
3. Suits relating to public nuisance Section 91 of civil procedure code
4. Bar to further suit [Bar of suit] (Section 12 of the Code of Civil Procedure)
5. What are the similarities between Order and Decree?