Section 46 of CPC : Section 46: Precepts

CPC

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Explanation using Example

Imagine that Mr. A wins a lawsuit against Mr. B, and the court issues a decree for Mr. B to pay Mr. A a sum of money. Mr. A is the decree-holder and Mr. B is the judgment-debtor. However, Mr. B does not pay the money and Mr. A finds out that Mr. B owns a piece of land in another jurisdiction where the court's decree cannot be directly enforced.

Mr. A then requests the court that passed the decree (let's say Court X) to help him attach Mr. B's land before Mr. B sells it off to someone else. Court X issues a precept to the competent Court Y, located where the land is, to attach Mr. B's property. Court Y follows the order and attaches the land, ensuring that it can't be sold for the next two months, giving Mr. A time to transfer the decree to Court Y and ask for the land to be sold to recover his money.

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