Question

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

Hint:

Remember the "Five Ancillary Proceedings" under Section 94 of the CPC which courts can use to prevent the ends of justice from being defeated. These include Arrest before judgment, Attachment before judgment, Temporary injunctions, Appointment of a Receiver, and other interlocutory orders.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks for the legal term for a neutral person appointed by a court to take control of a property that is the subject matter of a dispute. This is done to ensure the property is not wasted, damaged, or alienated while the case is being decided.
Step 2: Detailed Explanation:
The correct legal term for such a person is a Receiver. \begin{itemize} \item The appointment of a receiver is an interim protective remedy provided under Section 94(d) and detailed in Order XL of the Code of Civil Procedure, 1908. \item A receiver is an impartial person who acts as an officer of the court. Their primary duty is to take possession of the disputed property and manage it according to the court's directions. This includes protecting it from damage and collecting any rents or profits. \item Amicus curiae means "friend of the court" and refers to a person (usually a lawyer) who assists the court by offering expertise or insight on a matter, but does not manage property. \item Preserver and Protector describe the functions of a receiver but are not the specific legal designation. \end{itemize}
Step 3: Final Answer:
A person appointed by the court to manage disputed property during litigation is called a Receiver.