Important rules and their answers:

ORDER : 40

1. Order 40 deals with the appointment , duties, remuneration of the receiver.

2. Order 40 has 5 rules.
3. A court may appoint a receiver for realization, management, protection, preservation and
improvement of the property. (R.1).
4. The court may by order confer all powers to receiver for bringing and defending the suit
and all other powers in pursuance to rule 1(d).
5. Collector can be a receiver of the property by his consent in case of property is a land.
(R.5).
6. Duties of the receiver are mentioned under rule.3.
7. Court can appoint a receiver before or after the decree. ( R.1 )
8. The Court may by general or special order fix the amount to be paid as remuneration for
the service of the receiver. (R. 2)
9. Every receiver so appointed shall furnish such security (if any) as the Court thinks fit, duly
to account for what he shall receive in respect of the property. (R.3(a))
10. Every receiver so appointed shall submit his accounts at such periods and in such form as
the Court directs.(R.3(b)).
11. Every receiver so appointed shall pay the amount due from him as the Court directs.
(R.3(c))
12. Every receiver so appointed shall be responsible for any loss occasioned to the property by
his willful default or gross negligence. (R.3(d)
13. the Court may direct his property to be attached and may sell such property and may apply
the proceeds to make good any amount found to be due from him or any loss occasioned
by him, and shall pay the balance (if any) to the receiver. (R.4)
14. Rule 4, (enforcement of duties) can only be applied in following cases, where receiver;

a) fails to submit his accounts at such periods and in such form as the Court directs, or
b) fails to pay the amount due from him as the Court directs or
c) occasions loss to the property by his willful default or gross negligence.
 Order : 18

1. Order : 18, deals with the hearing of the suit and examination of the witnesses.
2. Order : 18 has 18 rules.
3. The plaintiff has the right to begin unless the defendant admits the facts alleged by the
plaintiff and contends that either in point of law or on some additional facts alleged by
the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which
case the defendant has the right to begin. ( R.1 )
4. On the day fixed for the hearing of the suit, party having the right to begin shall state his
case and produce his evidence in support of the issues which he is bound to prove.(R.2)
5. The other party shall then state his case and produce his evidence (if any) and may then
address the Court generally on the whole case. (R.2(2))
6. The party beginning may then reply generally on the whole case. (R.2(3))
7. The evidence of the witnesses in attendance shall be taken orally in open Court in the
presence and under the personal direction of the Judge. (R.4)
8. In cases in which an appeal is allowed the evidence of each witness shall be taken down
in writing, in the language of the Court, by or in the presence and under the personal
direction of the judge. ( R.5)
9. In cases in which an appeal is allowed the evidence of each witness shall be taken not
ordinarily in the form of question and answer, but in that of a narrative, and, when
completed, shall be read over in the presence of the Judge and of the witness, and the
Judge shall, if necessary, correct the same, and shall sign it. (R.5)