Shree Ram Urban ... vs Court Receiver,High Court Of Mumbai

The Supreme Court held that the Court Receiver's appointment under Order XL, Rule 1 of the Code of Civil Procedure, 1908, does not grant the authority to file a suit without prior leave from the court, as mandated by the principles established in C.T. Davis & Ors. vs. Drobomoyi Gupta & Ors. The Court found that the notice issued to the appellant under Section 106 of the Transfer of Property Act was defective, rendering the eviction suit liable to dismissal. Consequently, the appeal was allowed, overturning the High Court's dismissal of the Civil Revision Application.