No. 2 of CPC : No. 2: PRECEPT (Section 46)

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman in Mumbai, wins a civil lawsuit against his former business partner, Suresh, in the Mumbai High Court. The court orders Suresh to pay Rajesh ₹10 lakhs as part of the decree. However, Suresh owns a piece of land in Pune, and Rajesh is concerned that Suresh might sell this land to avoid paying the decree amount.

Application of Section 46: Rajesh, the decree-holder, requests the Mumbai High Court to issue a precept to the Pune District Court. The precept directs the Pune District Court to attach Suresh's land in Pune. This attachment ensures that the property cannot be sold or transferred until Rajesh files for the execution of the decree.

Precept: Upon hearing Rajesh, it is ordered that this precept be sent to the Court of Pune District Court at Pune under section 46 of the Code of Civil Procedure, 1908, with directions to attach the property specified in the annexed schedule and to hold the same pending any application which may be made by R...

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