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 Rajesh for execution of the decree.

Schedule:

• Property: Land located at Survey No. 123, Pune
• Owner: Suresh

Dated the 15th day of October 2023

Judge

Example 2:

Scenario: Meera, a software engineer in Bangalore, wins a civil case against her former employer, XYZ Tech Pvt. Ltd., in the Bangalore City Civil Court. The court orders XYZ Tech to pay Meera ₹5 lakhs as compensation for wrongful termination. XYZ Tech owns office equipment and furniture in their Chennai branch, and Meera fears that the company might dispose of these assets to avoid payment.

Application of Section 46: Meera, the decree-holder, requests the Bangalore City Civil Court to issue a precept to the Chennai City Civil Court. The precept directs the Chennai City Civil Court to attach the office equipment and furniture owned by XYZ Tech in Chennai. This attachment ensures that the assets cannot be sold or transferred until Meera files for the execution of the decree.

Precept: Upon hearing Meera, it is ordered that this precept be sent to the Court of Chennai City Civil Court at Chennai 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 Meera for execution of the decree.

Schedule:

• Property: Office equipment and furniture located at XYZ Tech Pvt. Ltd., Chennai Branch, No. 45, IT Park, Chennai
• Owner: XYZ Tech Pvt. Ltd.

Dated the 20th day of October 2023

Judge