Execution

Section 46 CPC – Code of Civil Procedure – 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. Questions to be determined by Court executing decree.

A written order or direction by one court to another court to do some act.

The Code under section 46 provides that the court which passed the decree may upon an application by the decree holder , issue a precept to the court within whose jurisdiction the property of the judgment debtor is lying , to attach any property specified in the precept.

And the court to which a precept is sent must attach the property in the manner prescribed for attachment of property in execution of a decree.

The object of a precept is to enable a decree- holder to obtain an interim attachment where there is a ground to apprehend that he may otherwise be deprived of the fruits of the decree , and to prevent the judgment debtor from alienating or otherwise dealing his property to the detriment of the decree holder till proper proceedings are taken.

An order of precept is not an order transferring a decree for execution. An order of precept is not appealable