Precepts

Precepts (pronounce as “pre-sept”)

Precept means ‘a legal direction by one court to another court.”

The Precept Order is normally issued by one court, while executing a decHCree, to another court of other area to attach the property of the judgment debtor situate in that area.

In other words, if a property to be attached is situate in the area of another court’s territorial jurisdiction, then the court which passed the decree can issue a precept order to that court to attach that property of the judgment debtor.

Every court has its jurisdiction within the limits of its territorial area and not beyond that. Therefore the court which passed the decree shall have power to issue such Precept order to another court to attach the property of the judgment debtor property which situate within its territorial jurisdiction.

Therefore, a Precept order is a request of one court to another court to do some legal act.

Sec.46 CPC “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 whom 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.

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