Order XL Rule 5 CPC - When Collector May Be Appointed Receiver
Order 40 Rule 5 of the Code of Civil Procedure, 1908 allows a civil court, in specified cases involving land revenue, to appoint the Collector as receiver when the Collector consents and the court considers that such management will benefit those concerned.
Order XL Rule 5 CPC - Statutory Text
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.
Meaning of Order 40 Rule 5 CPC
A receiver is a person appointed by the court to take charge of, preserve or manage property under the court's supervision while the relevant legal proceedings are pending or as otherwise directed. Order XL Rule 5 provides a specific option for appointing the Collector as receiver of certain land.
In this provision, the Collector refers to the revenue authority contemplated by the CPC and applicable revenue law. The provision does not make the Collector an automatic receiver merely because a dispute concerns agricultural or revenue-paying land.
Conditions for appointing the Collector
- Eligible property: The property must be land paying revenue to the Government, or land whose revenue has been assigned or redeemed.
- Benefit to interested persons: The court must consider that management by the Collector will promote the interests of those concerned.
- Collector's consent: The Collector must consent to the appointment.
- Judicial discretion: The word "may" indicates that appointment is discretionary, not mandatory.
What does "assigned or redeemed" revenue mean?
Assigned revenue generally refers to land revenue whose entitlement has been transferred or assigned under the applicable revenue arrangement. Redeemed revenue generally refers to revenue obligations that have been discharged or commuted under the applicable law. The precise effect depends on the governing land-revenue legislation and historical records.
Practical effect of the appointment
The Collector may manage the specified land in the capacity of a court-appointed receiver, subject to the appointment order and applicable law. The appointment is a mechanism for management and protection of property; it does not itself determine title or permanently transfer ownership.
Related Provisions of the Code of Civil Procedure
Section 94(d), CPC: Among the supplemental proceedings available to prevent the ends of justice from being defeated is the appointment of a receiver, where prescribed.
Order XL Rule 1: Addresses the court's power to appoint a receiver where it appears just and convenient and to define the receiver's powers.
Order XL Rule 2: Concerns remuneration of the receiver.
Order XL Rule 3: Sets out duties including security where required, submission of accounts, payment of amounts due, and responsibility for loss caused by wilful default or gross negligence.
Order XL Rule 4: Provides for enforcement of certain duties through attachment and sale of the receiver's property in specified circumstances.
These provisions should be read together with the court's order, any applicable state amendments, and relevant local land-revenue law.
Frequently Asked Questions
Can the court appoint the Collector without consent?
No. Order XL Rule 5 expressly requires the Collector's consent for appointment under that rule.
Is appointment compulsory for revenue-paying land?
No. The court must assess whether the Collector's management would promote the interests of those concerned, and the provision is discretionary.
Does the Collector become the owner of the land?
No. Appointment as receiver concerns management or custody under court supervision and does not itself confer ownership.
Does Rule 5 apply to every kind of property?
No. It specifically concerns the categories of land described in the rule. General receiver appointments are addressed separately under Order XL Rule 1.
Official Legal Source
For the current central text of the Code of Civil Procedure, 1908 (Act 5 of 1908), including Order XL, consult the Government of India's India Code official legislation portal. Check applicable state amendments and court rules for the relevant jurisdiction.
Legal information only. The application of these provisions depends on the facts, procedural posture and applicable local law.