Section 46 of The Code of Civil Procedure, 1908
Precepts.
- (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.
Summary
- A court that passes a decree can issue a "precept," which is a command or order, to another court to help collect the debt.
- The goal of a precept is to attach (legally freeze) property belonging to the debtor that is located in another court's area.
- The court receiving the precept must follow the standard rules for freezing property.
- A property freeze under a precept is temporary and generally lasts for two months.
- The freeze can last longer if the original court extends it or if an application to sell the property is made in time.
Practical examples
FAQ
1. What is a precept under Section 46 of The Code of Civil Procedure, 1908?
It is an order issued by the court that passed a decree to another court, directing it to attach or freeze the debtor's property.
2. How long does a property freeze last under Section 46 of the 1908 Act?
It lasts for two months unless the original court extends the time or a formal application to sell the property is filed.
3. Can any court issue a precept under Section 46 of the civil code?
Only the court that passed the decree can issue a precept, and it must be sent to a court that is competent to carry out the execution.
Test yourself
1.Under Section 46 of The Code of Civil Procedure, 1908, what is the primary purpose of a precept?
2.According to Section 46 of The Code of Civil Procedure, 1908, how long does an attachment under a precept typically remain in force?
3.Under Section 46 of the 1908 civil code, who must apply for a precept to be issued?
4.Can a property freeze under Section 46 of The Code of Civil Procedure, 1908, be extended beyond the initial limit?