Appointment of Receiver
Order XL Rule 1 of the Code of Civil Procedure: Law is long settled with regard to appointment of receiver in a suit for partition. Appointment of receiver in joint property of a family or co-sharers as of routine has never met the approval of the superior Courts. Long line of decisions are there showing complete disapproval to appointment of receiver in such case merely becasuse of dispute over the property. (Para-8, Mr. Justice M Moazzam Husain). 16 BLC 160: Aysha Begum & others Vs. Mozibur Rahman Ref: 35 DLR 28, 36 DLR(AD)97, 49 DLR(AD)14, 56 DLR 303, AIR 1920 (Bom) 321, PLD 1977 (Lah) 492
After accepting the order of status quo, an application for appointment of receiver is barred.
Order 40 Rule 1 and Order 40 Rule 1(2) of the Code of Civil Procedure: The Order of status quo in respect of possession was passed on contest and that after that order the plaintiff being in possession was receiving rent from the shop keepers and that he took an attempt to repair shops. The defendant-opposite parties being not in physical possession and having accepted the order of status quo in respect of possession in the suit shops were not entitled to make application for appointment of receiver long after about 7 years of the status quo order was passed. Order 40 Rules 1(2) is clear bar in allowing the prayer for appointment of receiver. (Para-16, Mr. Justice Shahidul Islam). 16 BLT 303: Md. Motiur Rahman Vs. Mst. Mazeda Khatun being dead her heirs Dr. Fayez Uddin & others
Appointment of receiver in a suit for partition
For the purpose of protection and preservation of the fruits grown in the litchi bagan.
Order 40 Rule 1 of the Code of Civil Procedure: We have also noticed that the litchi is a perishable commodity and in the event of dispute over the ownership it may be destroyed or rendered useless causing a huge financial loss to the party concerned, therefore, for the purpose of protection and preservation of the fruits grown in the litchi bagan, in all fairness, the matter be looked into with proper attention and in doing so we feel it proper to allow appointment of a receiver in respect of the litchi bagan situated in the disputed land as prayed for by the appellant pre-emptee and the view taken by the learned Joint District Judge while disposing of the application filed by the pre-emptee under Order XL, Rule 1 the learned Judge did not apply his judicial mind to the fact and law involved in the matter. (Para-9, Mr. Justice Nozrul Islam Chowdhury). 67 DLR 61: Amena Meher Vs. Md. Abdul Kader & others:
Appointment of receiver shall be made sparingly in exceptional circumstances.
Order 40 Rule 1 of the Code of Civil Procedure: In a partition suit receiver cannot be appointed without the consent of the defendants in possession of the suit property. Appointment of receiver is the rarest remedy in exceptional circumstances in the face of imminent (আসন্ন) danger of wastage and destruction of the property. When the dispute does not offer such a situation receiver cannot be appointed. The learned judges of the High Court Division set-aside the appointment of the receiver in the instant case which the apex Court held perfectly justified. (Para-4, Mr. Justice Md. Tafazzul Islam). 13 MLR(AD)77: Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon & others
Object and purpose of appointment of receiver
Order 40 Rule 1 of the Code of Civil Procedure: The object and purpose of appointment of receiver may generally be stated to be the preservation of the subject matter of the litigation pending judicial determination of the rights of the parties and it must be with the dominant object to prevent the ends of justice from being defeated. Before allowing an application it should be the duty of the Court to see that the rights of the parties are not jeopardized and the ends of justice not defeated. (Para-17, Mr. Justice Shahidul Islam). 16 BLT 303: Md. Motiur Rahman Vs. Mst. Mazeda Khatun being dead her heirs Dr. Fayez Uddin & others
