appointment of
Receiver lies under Order XL of C.P.C .
Relevant provision of Order XL Rule 1
reads as under:-
“1. Appointment of receivers ... Receivers which includes three
advocates. The order dated 28.03.2023
frustrates the provision of Order XL
Rule 1 C.P.C .
25. In the garb
order dated 17.01.2024 and order dated 31.01.2024 passed by the District Judge, Varanasi on application 9-C filed under Order XL Rule 1 ... Court below could not have passed the order dated 17.01.2024 appointing Receiver under Order XL Rule 1 CPC as there was no cause of action
review power and
Articles 129 , 137 , Order XL Rule 5 and Order XLVII Rules 1
and 6 indicate that this Court has inherent power ... Constitution read with Section 114, Order XLVII of
the C.P.C . and Order XL Rule 1 of the Supreme Court Rules
review power and
Articles 129 , 137 , Order XL Rule 5 and Order XLVII Rules 1
and 6 indicate that this Court has inherent power ... Constitution read with Section 114, Order XLVII of
the C.P.C . and Order XL Rule 1 of the Supreme Court Rules
Orders XL, Rule 1, and XLIII, Rule 1 (s). Order XLIII,
Rule 1 (s) makes any order made under Order XL, Rule 1,
appealable, while ... order removing
a receiver was appealable under Order XLIII, Rule 1, inas-
much as such an order fell within the ambit of Order XL,
Rule
suit and not in a proceeding of this kind. Order XL, Rule 1, however, does not provide that the appointment of a Receiver should ... Rule. It was not meant that this should be. so.
5. The petitioner, it seems, upon the view we take of Order XL, Rule 1
order dated March 31, 1980 of the Additional District Judge ho. 2, Jodhpur by which his application under Order XL, Rule 1 ... maintainable. On April 16, 1979, an application was moved under Order XL, Rule 1 CPC . for the appointment of a receiver stating there in that
attention to Order XL Rule 1 of the Code of
Civil Procedure , 1908, which is reproduced hereinbelow:
“1. Appointment of receivers.- (1) Where it appears ... form of equitable execution covered by clause (d) of
Rule 1(1) of Order XL of the Code and as such steps could be taken
review power and
Articles 129 , 137 , Order XL Rule 5 and Order XLVII Rules 1
and 6 indicate that this Court has inherent power ... Constitution read with Section 114, Order XLVII of
the C.P.C . and Order XL Rule 1 of the Supreme Court Rules
very outset, submitted that an
order appointing a Court Receiver under the provisions of Order
XL Rule 1 of the Code of Civil Procedure ... warranted in law i.e., the requirements of Order XL Rule
1 of the CPC were not met or in cases where an order
