Supreme Court of India
Parmanand Patel (d) by Lr. & Ors. v. Sudha A. Chowgule & Ors.
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What the Court ordered
Before parting with this case, however, we may place 8 on record that Mr.
Judgment, page 23
From the 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 pendency of suit is within the disr.retion of the cowt - Ordinarily receiver would not be appointed except on a prima facie finding that plaintiff 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 immediate action - Also it cannot be appointed unless case is made out depriving defendant of de facto
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