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Mohiuddin Khan
ID: 140314006
8th Batch
Department of Law
Z. H. Sikder University of Science & Technology
The term ‘Receiver’ has not been defined by the Code of Civil
Procedure 1908. According to Kerr, “an impartial person appointed by
the court to collect and receive, pending the proceeding, the rents,
issues and profit of land or personal estate, which it does not seem
reasonable to the court that either party should collect or receive, or for
enabling the same to be distributed among the persons entitled’’
The Court may be appointed to receiver for just & convenient A receiver of
any property is appointed before or after decree, which is given bellows;
such as,
 To the save of property
 To remove any person from his possession
 To save from the destroy & loss or transfer
 To justify of the prima facie title of the defendant
 To save of the collect of the rent & profit
 To establish peace
 There must present securities
 There must present account
 There must Payment to receive money
 There must not to negligence
 There must save any property from the damages or loss
 There must save account balance
 There must not to benefit from that property
 There must not to Buy
 There must not to lease
 There must not to transfer
 There must not to interest
The Court shall be given to the remuneration for the service of the
receiver because get to remuneration his rights.
After appointed, Receiver shall be applicable all power in his activities,
such as before his appointed care takers had applicable
To conclude, it can be stated that receiver is considered agent
of mortgagor, and mortgagor is responsible for acts and
defaults of receiver particularly when receiver’s acts and
defaults are not caused through mortgagee’s improper
intervention.
Mohiuddin

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Mohiuddin

  • 1.
  • 2. Mohiuddin Khan ID: 140314006 8th Batch Department of Law Z. H. Sikder University of Science & Technology
  • 3.
  • 4. The term ‘Receiver’ has not been defined by the Code of Civil Procedure 1908. According to Kerr, “an impartial person appointed by the court to collect and receive, pending the proceeding, the rents, issues and profit of land or personal estate, which it does not seem reasonable to the court that either party should collect or receive, or for enabling the same to be distributed among the persons entitled’’
  • 5. The Court may be appointed to receiver for just & convenient A receiver of any property is appointed before or after decree, which is given bellows; such as,  To the save of property  To remove any person from his possession  To save from the destroy & loss or transfer  To justify of the prima facie title of the defendant  To save of the collect of the rent & profit  To establish peace
  • 6.  There must present securities  There must present account  There must Payment to receive money  There must not to negligence  There must save any property from the damages or loss  There must save account balance
  • 7.  There must not to benefit from that property  There must not to Buy  There must not to lease  There must not to transfer  There must not to interest
  • 8. The Court shall be given to the remuneration for the service of the receiver because get to remuneration his rights.
  • 9. After appointed, Receiver shall be applicable all power in his activities, such as before his appointed care takers had applicable
  • 10. To conclude, it can be stated that receiver is considered agent of mortgagor, and mortgagor is responsible for acts and defaults of receiver particularly when receiver’s acts and defaults are not caused through mortgagee’s improper intervention.