Supreme Court · 2009 INSC 338 · Decided 6 March 2009
Parmanand Patel (D) BY LR. & ORS. v. Sudha A. Chowgule & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 338 · [2009] 4 S.C.R. 172
- Case number
- CIVIL APPEAL No. 1574/2009
- Decided
- 6 March 2009
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - 0. 40 r. 1 - Receiver - When to be appointed - Held: Is only when it is found to be ;ust and convenient to do so - Appointment of receiver during C pendency of suit is within the disr.retion of the cowt - Ordinarily receiver would not be appointed except on a prima has excellent chance of success in the suit - Plaintiff has to show a case of adverse and conflict claims of property but also emergency, danger or loss demanding D immediate action - Also it cannot be appointed unless case is made out depriving defendant of de facto possession - On facts,
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