Programmes

PRECEPTS

Sec 46 of the code provides that the court which passes a decree may, on the application of a decree holder, issue a precept to any other court which would be competent to execute such decree, to attach any property belong to the judgment-debtor and specified in the precept.

The court to which such a precept is sent must then attach the property in the same manner as property is to be attached in execution of a decree

PRECEPT is thus an order or direction given by one official body to another (in this case, one court to another) requesting some act to be done.

However, no attachment under a precept can continue for more than 2 months

(i) unless the period of attachment is extended by the court which passed the decree OR

ii) unless before the termination 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.

Author:
Dr. Ram Niwas Sharma, Associate Professor, Unitedworld School of Law (UWSL)

Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.