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Section 46: Precepts

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Statutory Regulation
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Competent Court / Tribunal
Act 1908
Section 45 All 158 Sections of Code of Civil Procedure Section 47
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Decree Sec 2(2) Order Sec 2(14) Judgment Sec 2(9) Execution Sec 38

Legal Commentary & Landmark Judgments: Section 46

Section 46 regulates the issuance of precepts, enabling the court which passed a decree to issue an urgent request to another court to immediately attach the judgment-debtor's property for a maximum period of two months.

  • Precept Definition: Court which passed a decree may, upon the application of the decree-holder, issue a precept to any other court which would be competent to execute such decree to attach any property belonging to the judgment-debtor.
  • Emergency Attachment Power: Serves as an urgent interim attachment mechanism preventing the debtor from alienating outside assets before a formal Section 39 transfer is perfected.
  • Two-Month Expiry Standard: No attachment under a precept shall continue for more than 2 months unless the period is extended by the court which passed the decree, or unless the decree is transferred under Section 39 and an execution application is filed.
  • Automatic Lapse: Attachment under precept lapses automatically upon expiry of 2 months unless formally extended.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: The Supreme Court explained that a precept under Section 46 is an urgent interim measure to preserve assets; it does not confer power to sell property, which requires a full Section 39 transfer.
  • Merla Ramanna v. Nallaparaju, AIR 1956 SC 87: Affirmed that an attachment under Section 46 freezes property transfers and prevents fraudulent disposal during execution transit.
Courtroom Practice & Strategic Litigation Guidance:

If a judgment-debtor is attempting to sell prime land in another district, move an urgent application under Section 46 for a Precept to immediately freeze the land for 60 days while your Section 39 transfer papers are processed.

Section 45 All 158 Sections of Code of Civil Procedure Section 47