Question

When a decree is transferred for execution to another court and if the decree holder has reasons to apprehend that the judgment debtor will dispose of the property before it is attached by the other court, he may apply to the court which passed the decree to issue a-------- to attach the property at once.

• A. Caveat
• B. Restitution order
• C. Attachment order
• D. Precept

Hint:

Remember "Precept" under Section 46 CPC as an emergency provision for decree-holders. It's a quick, temporary attachment order sent from the decree-passing court to the court where the property is located, freezing the property while the formal execution is being transferred.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question describes a situation where a decree-holder needs an urgent, temporary measure to prevent the judgment-debtor from alienating property located in another court's jurisdiction, while the formal process of transferring the decree for execution is underway.
Step 2: Key Formula or Approach:
This specific remedy is provided under Section 46 of the Code of Civil Procedure, 1908, which is titled "Precepts".
Section 46(1) states: "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."
Step 3: Detailed Explanation:
A precept is an order or direction given by the court which passed the decree to another competent court to attach the property of the judgment-debtor. Its purpose is to act as a temporary safeguard. It prevents the judgment-debtor from disposing of the property to defeat the execution. The attachment under a precept is valid for two months unless extended by the court which passed the decree or unless the decree itself is transferred to the attaching court for execution.
- A Caveat is a notice to a court to prevent an ex-parte order.
- A Restitution order restores a party to a position they were in before a wrongful order.
- An Attachment order is the final order of attachment, whereas a precept is a direction to another court to issue one.
Step 4: Final Answer:
The court may be asked to issue a Precept.