19. The principles which should guide Indian Courts in the appointment of a Receiver are three in number. Eirst of all, a plaintiff applying for the appointment of a Receiver must show 'prima facie' that he has a strong case and good tide to the property or a special equity in his favour and that the property in the hands of the defendent is in danger of being wasted; --'Muhammad Qasim Ravather v. Nagaraja Moopanar', AIR 1928 Mad 813 at p. 814 (Z13). It is not enough for the plaintiff to show that he has a fair question to raise as to the extent of the right alleged as in the case of a temporary injunction, but he must go further and make out that he has a good 'prima facie' title requiring Court's protection and safeguarding pending litigation and which must be made out on the facts of that particular case.
(2) The Court should not appoint a receiver
except upon proof by the plaintiff that prima facie he
has very excellent chance of succeeding in the suit. -
'Dhumi v. Nawab Sajjad Ali Khan', AIR 1923 Lah 623
(Z16); - 'Firm of Raghubir Singh Jaswant v. Narinjan
Singh', AIR 1923 Lah 48 (Z17); - 'Siaram Das v, Mohabir
Das', 27 Cal 279 (Z18); - 'Muhammad Kasim v. Nagaraja
Moopanar', AIR 1928 Mad 813 (Z19); - 'Banwarilal
Chowdhury v. Motilal', AIR 1922 Pat 493 (Z20).
"19. The principles which should guide
Indian Courts in the appointment of a
Receiver are three in number. First of
all, a plaintiff applying for the
appointment of a Receiver must show
'prima facie' that he has a strong case
and good tide to the property or a
special equity in his favour and that the
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property in the hands of the defendant
is in danger of being wasted;
'Muhammad Qasim Ravather v.
Nagaraja Moopanar', AIR 1928 Mad
.
"19. The principles which should guide Indian
Courts in the appointment of a Receiver are three in
number. First of all, a plaintiff applying for the
appointment of a Receiver must show 'prima facie'
that he has a strong case and good tide to the
property or a special equity in his favour and that
the property in the hands of the defendant is in
danger of being wasted; -'Muhammad Qasim
Ravather v. Nagaraja Moopanar', AIR 1928
Mad 813 at p. 814 (Z13). It is not enough for the
plaintiff to show that he has a fair question to raise
::: Downloaded on - 08/11/2023 20:31:13 :::CIS 27
as to the extent of the right alleged as in the case
of a temporary 617 injunction, but he must go
further and make out that he has a good 'prima
facie' title requiring Court's protection and
safeguarding pending litigation and which must be
made out on the facts of that particular case.
"19. The principles which should guide Indian
Courts in the appointment of a Receiver are three in
number. First of all, a plaintiff applying for the
appointment of a Receiver must show 'prima facie'
that he has a strong case and good tide to the
property or a special equity in his favour and that
the property in the hands of the defendant is in
danger of being wasted; -'Muhammad Qasim
Ravather v. Nagaraja Moopanar', AIR 1928
Mad 813 at p. 814 (Z13). It is not enough for the
plaintiff to show that he has a fair question to raise
::: Downloaded on - 08/11/2023 20:31:14 :::CIS 27
as to the extent of the right alleged as in the case
of a temporary 617 injunction, but he must go
further and make out that he has a good 'prima
facie' title requiring Court's protection and
safeguarding pending litigation and which must be
made out on the facts of that particular case.
(2) The Court should not appoint a receiver except upon proof by
the plaintiff that prima facie; he has very excellent chance of
succeeding in the S. suit. -- „Dhumi v. Nawab Sajjad Ali Khan‟,
AIR 1923 Lah 623 (Z16); -- „Firm of Raghubir Singh
Jaswant v. Narinjan Singh‟, AIR 1923 Lah 48 (Z17); --
„Siaram Das v. Mohabir Das‟, 27 Cal 279 (Z18); --
„Muhammad Kasim v. Nagaraja Moopanar‟, AIR 1928 Mad
813 (Z19); -- „Banwarilal Chowdhury v. Motilal‟, AIR 1922
Pat 493 (Z20).
(2) The Court should not appoint a receiver except upon proof by the plaintiff that prima facie he has very excellent chance of succeeding in the S. suit. -- 'Dhumi v. Nawab Sajjad Ali Khan', AIR 1923 Lah 623 (Z16); -- 'Firm of Raghubir Singh Jaswant v. Narinjan Singh', AIR 1923 Lah 48 (Z17); -- 'Siaram Das v. Mohabir Das', 27 Cal 279 (Z18); -- 'Muhammad Kasim v. Nagaraja Moopanar', AIR 1928 Mad 813 (Z19); -- 'Banwarilal Chowdhury v. Motilal', AIR 1922 Pat 493 (Z20).
-
'Dhumi v. Nawab Sajjad Ali Khan', AIR 1923 Lah 623
(Z16); - 'Firm of Raghubir Singh Jaswant v. Narinjan
Singh', AIR 1923 Lah 48 (Z17); - 'Siaram Das v.
Mohabir Das', 27 Cal 279 (Z18); - 'Muhammad Kasim
v. Nagaraja Moopanar', AIR 1928 Mad 813 (Z19); -
'Banwarilal Chowdhury v. Motilal', AIR 1922 Pat 493
(Z20).
-
'Dhumi v. Nawab Sajjad Ali Khan', AIR 1923 Lah 623
(Z16); - 'Firm of Raghubir Singh Jaswant v. Narinjan
Singh', AIR 1923 Lah 48 (Z17); - 'Siaram Das v.
Mohabir Das', 27 Cal 279 (Z18); - 'Muhammad Kasim
v. Nagaraja Moopanar', AIR 1928 Mad 813 (Z19); -
'Banwarilal Chowdhury v. Motilal', AIR 1922 Pat 493
(Z20).