CPC Section 46 — Precepts

Civil

Summary

If a person who has won a court decree wants to secure the debtor’s property, the court that passed the decree can send a written order called a “precept” to another court that has the power to enforce the decree. That other court must then attach the property listed in the precept, following the same rules used for attaching property during decree execution. However, this attachment can last only up to two months, unless the original court extends that period, or unless the decree is transferred to the attaching court and the decree-holder asks for the property to be sold before the two months end.

Official Text

(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.