ORDER XL – APPOINTMENT OF RECEIVERS 1. Appointment of receivers. (1) Where it appears to the Court to be just and convenient, the Court may by order- (a) appointment a receiver of any property, whether before or after decree; (b) remove any person from the possession or custody of theKEEP READING
2. Remuneration. The Court may be general or special order fix the amount to be paid as remuneration for the services of the receiver. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
3. 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 amountKEEP READING
4. 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 defaultKEEP READING
5. 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,KEEP READING
ORDER XLI – APPEALS FROM ORIGINAL DECREES 1. Form of appeal. What to accompany memorandum. (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. TheKEEP READING
2. Grounds which may be taken in appeal. The appellant shall not except by leave of the Court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal, but the Appellate Court in deciding the appeal, shall not be confined toKEEP READING
3. Rejection or amendment of memorandum. (1) Where the memorandum of appeal is not drawn up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for the purpose of being amended within a time to be fixed by the Court or be amended thenKEEP READING
3A. Application for condonation of delay. (1) When a appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient causeKEEP READING
4. One of several plaintiff or defendants may obtain reversal of whole decree where it proceeds on ground common to all. Where there are more plaintiff or more defendants then one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or toKEEP READING
5. Stay by Appellate Court. (1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred fromKEEP READING
6. Security in case of order for execution of decree appealed from. (1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be takenKEEP READING
7. No security to be required from the Government or a public officer in certain cases. [Rep. by the A.O. 1937.] Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
8. Exercise of powers in appeal from order made in execution of decree. The powers conferred by rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree but from an order made in execution of such decree. Read CPC inKEEP READING
9. Registry of memorandum of appeal. (1) Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, and shall register the appeal in a book to be kept for the purpose. (2) Register of Appeals- SuchKEEP READING
10. Appellate Court may require appellant to furnish security for costs. (1) The Appellate Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the application of the respondent, demand from the appellant security for the costs of the appeal, orKEEP READING
