T. Krishnaswamy Chetty v C. Thangavelu Chetty (1955)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

An application was made to appoint a receiver over disputed property.

Issue.

On what principles should a court appoint a receiver under Order 40?

Held.

The court laid down the five guiding principles (“panch sadachar”) — just and convenient, strong prima facie right, real emergency/danger of loss, clean hands, and no unjust dispossession of a bona fide possessor.

Why it matters.

It is the classic checklist for any receiver-appointment answer.


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