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PART II EXECUTION · COURTS BY WHICH DECREES MAY BE EXECUTED

Section 46: Precepts

The Code of Civil Procedure, 1908

(1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.

(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:

Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.

Questions on this section

2 questions in 11 of our papers cite Section 46. Try these from the free papers:

  1. 1. Under the proviso to Section 46(2) of the CPC, an attachment made under a precept cannot continue beyond a certain period unless the period is extended by the Court which passed the decree, or unless, before the attachment ends, the decree has been transferred to the attaching Court and the decree-holder has applied for sale of the property. That period is:

Practise questions on Civil Procedure Code