All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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14.

A person appointed by the court to protect, preserve and manage the property during the pendency of the litigation

A: Amicus curiae
B: Preserver
C: Protector
D: Receiver

The answer is: D

Explanation

The correct answer is D: Receiver.

A receiver is a person appointed by the court to protect, preserve and manage the property during the pendency of the litigation. The receiver is an impartial and independent person who acts as an officer of the court and takes care of the property as a prudent man would. The receiver has the power to collect the income and profits from the property and use them for its maintenance. The receiver also has to submit accounts and pay the balance to the court. The receiver is not a representative of either party, but acts for the common benefit of all the parties. The purpose of appointing a receiver is to avoid any damage or loss to the property that may affect the rights of the parties. The appointment of a receiver is a discretionary power of the court, which can be exercised whenever it appears to be just and convenient.