Section 46 of CPC : Section 46: Precepts.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman in Mumbai, wins a lawsuit against his former business partner, Suresh, and the court orders Suresh to pay Rajesh ₹10 lakhs. Suresh, however, has moved to Delhi and has not paid the amount.

Application of Section 46:

1. Rajesh (the decree-holder) applies to the Mumbai court (which passed the decree) to issue a precept to the Delhi court.
2. The Mumbai court issues a precept to the Delhi court to attach Suresh's property in Delhi.
3. The Delhi court receives the precept and proceeds to attach Suresh's property in Delhi as per the prescribed manner.
4. The attachment of Suresh's property in Delhi will continue for up to two months unless extended by the Mumbai court or unless the decree is transferred to the Delhi court and Rajesh applies for the sale of the attached property.

Example 2:

Scenario: Meena wins a civil case in Chennai against her tenant, Ravi, who owes her ₹5 lakhs in unpaid rent. Ravi owns a piece of land in Bangalore.

Application of Section 46:

1. Meena (the decree-holder) requests the Chennai court (which passed the decree) to issue a precept to the Bangalore court.
2. The Chennai court issues a precept to the Bangalore court to attach Ravi's land in Bangalore.
3. The Bangalore court receives the precept and attaches Ravi's land in Bangalore following the prescribed legal procedures.
4. The attachment will last for a maximum of two months unless the Chennai court extends the period or the decree is transferred to the Bangalore court and Meena applies for the sale of the attached land.