Indian Laws in English

The Code Of Civil Procedure 1908
Order 40 :
Rule 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, with the consent of the Collector appoint him to be receiver of such property.
State Amendment :
High Court Amendments-[Karnataka] :
Same as that of Madras, except for "Madras Co-operative Societies Act", substitute "an appropriate statute".
[Madras] :
Substitute the following for rule 5:
"5. Where the property is land paying revenue to the Government, or land of which revenue has been assigned or redeemed, and the Court considers that the interest of those concerned will be promoted by the management of a gazetted officer of the revenue department, the Court may, with the consent of the Collector, appoint a gazetted officer of the revenue department to be receiver of such property."-(9-7-1968).
Order 40, Rule 6
High Court Amendments-[Andhra Pradesh] :
Same as that of Madras.
[Karnataka] :
After rule 5 add the following as rule 6:
"6. Where the property belongs to a co-operative society, registered under an appropriate statute or to a member of any such co-operative society and the Court considers that the interest of those concerned, will be promoted by the management thereof by an officer of the co-operative department, the Court may, with the consent of such officer, appoint him to be receiver of such property."-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Madras] :
Add the following as rule 6:
"6. Where the property belongs to a co-operative society registered under the Madras Co-operative Societies Act or to a member of such co-operative society, and the Court considers that the interest of those concerned will be promoted by the management of an officer of the co-operative department, the Court may, with the consent of the officer, appoint him to be receiver of such property."
Order 40, Rule 7
[Andhra Pradesh] :
After rule 6, add as under:
"7. Where a receiver had been appointed by a Court under rule 1 of this Order, no such receiver may be sued by any person whether he is a party to the said suit or not, except with the leave of the Court appointing the receiver or successor Court on an application made in this behalf and the notice of which is served upon the receiver and all other persons who may, in the opinion of the Court, be inserted in the subject-matter of the suit."-(8-1-1987).
Order XL-A
High Court Amendment-[Bombay].-Insert following Order XL-A after Order XL:-
"ORDER XL-A
Caveat Rules
1. Every caveat under section 148-A shall be signed by the caveator or his advocate and shall be in the form prescribed.
2. Every caveat shall be presented by the party in person or by his advocate to the Court or to the Officer authorised to receive the caveat. Where the caveator is represented by an advocate his vakalatnama shall accompany the caveat. When an advocate instructed by a party to act or appear in a matter has not been able to secure a vakalatnama in the prescribed form duly signed by the client, he may file a written statement signed by him stating that he has instructions from or on behalf of his client to act or appear in the matter and also undertaking to file within a week a vakalatnama in the prescribed form duly signed by the party.
3. The caveat presented under rule 2 shall be registered in a caveat register in Form given below. Before an application for any relief is made to the Court in any proceedings, it shall bear an endorsement from the office of the Court whether a caveat has or has not been filed.
4. (1) A copy of the caveat shall be served alongwith the notice required to be served under section 148-A (2).
(2) On receipt of the notice of the caveat, the applicant or his advocate shall intimate to the caveator or his advocate, the expenses for furnishing the copies and request him to collect the copies on payment of the said expenses. The said expenses should be at the rate of 25 paise per folio of 100 words inclusive of cost of paper.
5. Every application for any relief in a proceeding should be supported by a statement on oath of the applicant stating that no notice under section 148-A(2) is received by him or if received whether the applicant has furnished the copies of the application together with the copies of the papers or documents which have been filed or may be filed in support of the application of the caveator as required by section 148-A(4).
6. A notice under section 148-A(3) may be served on the caveator or his advocate personally or by post under certificate of posting. The notice sent under certificate of posting at the address furnished by the caveator shall be deemed to be sufficient service on him.
7. Where it appears to the Court that the object of granting ad interim relief on the application would be defeated by delay, it may record reasons for such opinion and grant ad interim relief on the application of the applicant till further orders after giving the caveator an opportunity of being heard.
(Form Of Caveat) :
In the Court of .....................................
At .....................................................
Suit/Petition/Appeal No........... 20 ....
In the matter of Caveat under section 148-A of the Code of Civil Procedure ......... ........... ..........Caveator
Pray that no orders be passed without due notice under section 148-A of the Code of Civil Procedure to the caveator abovenamed in any application for........(state in short reliefs to be prayed for) in Suit/Petition/Appeal No.......of 20....of this Court (or in a Suit/Petition/ Appeal likely to be filed in this Court) wherein................is/may be Plaintiff/Petitioner/ Appellant and......... is/may be the Defendant/Respondent.
The caveator's address for service is...............
The caveator undertakes to the Court to give notice by Registered Post A.D. to.........the Plaintiff/Petitioner/Appellant abovementioned, at the following address...............
Ceveator
Register Of Caveat (0. XL-A, Rule 3) Court Of The .......... Of ..........At Register Of Caveat In The Year 20 ...
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Serial No. (1) :
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Date of caveat (2) :
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Name of caveator and his address for service (3) :
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Nature of proceeding anticipated by caveator and its number if same if filed (4) :
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Name of plaintiff Applicant in proceeding in column No. 4 (5) :
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Name of defendant Respondent in proceeding in column No. 4 (6) :
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Date and number of proceeding filed as anticipated by caveator (7) :
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Date of notice served on caveator (8) :
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Remarks (9) :
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