Скачать или смотреть Precepts, Section 46 CPC 1908

Section 46 of the Code of Civil Procedure (CPC) outlines the process of issuing a "precept," which is an order from a court that passed a decree to another court of competent jurisdiction to attach the judgment-debtor's property within its territory. The decree-holder applies to the first court, which then sends this precept to the other court, which proceeds to attach the property. This mechanism allows for the seizure of a judgment-debtor's property located in a different jurisdiction where the initial court has no authority.
Key aspects of Section 46:
Application by Decree-Holder: The process begins with the decree-holder applying to the court that passed the original decree.
Jurisdiction: The court that passed the decree may issue the precept to another court that is competent to execute the decree and has jurisdiction over the property in question.
Attachment: The receiving court is required to attach the property specified in the precept, following the procedures for attachment of property in execution of a decree.
Attachment Period: The attachment under a precept is temporary, generally not exceeding two months, unless extended by the court that issued the precept.
Purpose: This section provides a way to prevent a judgment-debtor from disposing of their assets located in a different jurisdiction, ensuring the effective execution of the decree