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.
HIGH COURT AMENDMENTS
Madras, (Pondicherry).- Substitute for Rule 5 as follows: “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.” (9.7.1967). Rule 6: Andhra and Madras.- Add Rule 6 as follows: “6 Where property belongs to a co-operative society registered under the Madras Co-operative Societies Act or to a member of such cooperative 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.” (8.1.1987). Karnataka.- Same as that of Madras, except for the words “Madras Co-operative Societies Act” the words “an appropriate stature” shall be substituted. Order XL-A: Bombay, (Goa, Daman and Diu).-lnsert following Order XL-After Order XL: (1.10.1983and 1.4.1987). Order XL-A Caveat Rules 1. Every Caveat under Section 148-A shall be signed by the Caveator or his Advocate and shall he in 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 Vakatatnama 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 along With the notice required to be served under Section 148-A (2).
(2) On receipt of the notice 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 appear 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 of 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 19 I the matter of Caveat under Section 148A 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 above named in any application for (State in short relief’s to be prayed for) in Suit/petition/Appeal No of 19 of this Court (or in 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 AD. to the Plaintiff/Petitioner/Appellant abovementioned, at
the following address Caveator Register of Caveat (0. XL-A, R. 3) Court of the of at Register of Caveat in the Year 19.
Madras and Pondicherry.- For caveat rules see Order LII
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