Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Power to attach and appoint receiver enables magistrate to secure disputed property and hand possession to civil receiver if appointed. Section 165 empowers the Magistrate to attach disputed immovable property when an emergency exists, possession cannot be ascertained, or neither party is in possession; the attachment lasts until a competent court determines possession but may be withdrawn if breach of the peace is unlikely. The Magistrate may safeguard the property or appoint a receiver with powers equivalent to receivers under the Code of Civil Procedure, subject to his control, and must hand over possession to any subsequently appointed Civil Court receiver and discharge his own receiver, with power to make incidental orders.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Power to attach and appoint receiver enables magistrate to secure disputed property and hand possession to civil receiver if appointed.
Section 165 empowers the Magistrate to attach disputed immovable property when an emergency exists, possession cannot be ascertained, or neither party is in possession; the attachment lasts until a competent court determines possession but may be withdrawn if breach of the peace is unlikely. The Magistrate may safeguard the property or appoint a receiver with powers equivalent to receivers under the Code of Civil Procedure, subject to his control, and must hand over possession to any subsequently appointed Civil Court receiver and discharge his own receiver, with power to make incidental orders.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.