Question

A precept seeks to ------ of the judgment debtor.

• A. Attach the property
• B. Restrain alienation of property
• C. Prevent attachment and alienation
• D. None of the above.

Hint:

Think of a precept as an urgent, temporary order to freeze the judgment-debtor's property in another jurisdiction. The keyword for Precept (Section 46) is \textbf{interim attachment}.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the purpose of a 'precept' issued under the Code of Civil Procedure (CPC), 1908. A precept is a specific type of order used in the execution of decrees.
Step 2: Detailed Explanation:
Section 46 of the CPC deals with "Precepts". It provides that the court which passed a decree may, upon the application of the decree-holder, issue a precept to any other court which is competent to execute such decree.
The purpose of the precept is to direct the other court to attach any property belonging to the judgment-debtor and specified in the precept.
This is an interim measure. It allows the decree-holder to secure the judgment-debtor's property located in another court's jurisdiction quickly, preventing the judgment-debtor from disposing of it while the decree-holder arranges for the formal transfer of the decree for execution. The attachment made under a precept is valid only for two months, unless extended.
Step 3: Final Answer:
The primary purpose of a precept issued under Section 46 of the CPC is to direct another court to attach the property of the judgment-debtor. Therefore, option (A) is the correct answer.