Case Note & Summary
The case involved an appeal concerning the appointment of a Receiver in a civil matter. The petitioner, Chhagan Lal (deceased) by legal representatives, sought modification of an earlier order appointing Smt. Gulab Bai as Receiver. The Supreme Court had previously ordered that Smt. Gulab Bai, the widow of the respondent Kamal Chand (deceased), be appointed as Receiver to ensure compliance with the court's order regarding possession of the suit property. However, it was brought to the court's attention that Smt. Gulab Bai, being approximately 80 years old, was not in a position to undertake the responsibilities associated with the role of Receiver. In light of this information, the court decided to appoint Shri Rishi Gupta, an Advocate representing the respondent, as the new Receiver. Additionally, the court extended the time for restoring possession of the suit property by another four weeks. The modification was made to ensure that the duties of the Receiver could be effectively carried out, reflecting the court's concern for the practicalities of the situation. The order dated 26th February 2008 was thus modified accordingly.
Headnote
A) Civil Procedure - Modification of Receiver Appointment - Change of Receiver due to incapacity - Code of Civil Procedure, 1908 - The court modified the appointment of the Receiver as the original appointee was unable to perform her duties due to age. The court appointed a new Receiver and extended the time for compliance with the order (Paras 1-2).
Issue of Consideration
Whether to modify the appointment of the Receiver due to the original appointee's inability to perform duties.
Final Decision
The Supreme Court modified the previous order by appointing Shri Rishi Gupta as the new Receiver and extended the time for restoring possession of the suit property by four weeks.
Law Points
- Modification of orders
- Appointment of Receiver
- Compliance with court orders
