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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     27 May 2011

Appointment of Receiver

Order 40, Rule 1 C.P.C. provides for appointment of receiver when it appears to the Court to be just and convenient. In that context it is the well accepted norms that a party in possession of the disputed property under a legal calim should not be ousted from possession by order of appointment of receiver unless it is proved on record that he is mismanaging or damaging the property to render it unfit.



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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     27 May 2011

Sub-rule(1) of Rule 1 in Order 40 of  the C.P.C.provides that "Wher it appears to the Court to be just and convenient, the Court may by order-

                            a) appoint a receiver of any property.............."

          The term 'just and convenient'does not mean the arbitrary whim or pleasure of the Court to pass an order for appointment on any ground which stands against the equity. Appointment of receiver deprives a person from enjoyment of that property during the tenure of receivership. Therefore, it has been regarded as a 'harsh remedy'. 'Just and convenient' connotes what is right and just according to the judicial notion. Order for appointment of receiver should be for the protection or prevention of injury according to legal norms.


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