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Section 72: Collector deemed to be acting judicially [Repealed]

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 71 All 158 Sections of Code of Civil Procedure Section 73

Legal Commentary & Landmark Judgments: Section 72

Section 72 historically empowered the court to authorize the Collector to manage land in certain execution cases (repealed by the CPC Amendment Act, 1956).

  • Repealed Provision: Repealed by Act 66 of 1956.
  • Direct Civil Receiver Alternative: Courts now appoint civil Court Receivers under Order 40 CPC.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: Referenced modern receiver powers under Order 40 replacing Section 72.
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed civil court property management powers.
Courtroom Practice & Strategic Litigation Guidance:

To manage income from debtor property during execution, apply for a Court Receiver under Order 40 CPC rather than relying on repealed Section 72.

Section 71 All 158 Sections of Code of Civil Procedure Section 73