CPC Section 46: Precepts
Code of Civil Procedure, 1908 · Part 2: Execution
46. Precepts.—(1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.
(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:
Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property. Q UESTIONS TO BE DETERMINED BY C OURT EXECUTING DECREE
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 36. Application to orders
- 37. Definition of Court which passed a decree
- 38. Court by which decree may be executed
- 39. Transfer of decree
- 40. Transfer of decree to Court in another State
- 41. Result of execution proceedings to be certified
- 42. Powers of Court in executing transferred decree
- 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend
- 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend
- 44A. Execution of decrees passed by Courts in reciprocating territory
- 45. Execution of decrees outside India
- 47. Questions to be determined by the Court executing decree
- 48. [Repealed.]
- 49. Transferee
- 50. Legal representative
- 51. Powers of Court to enforce execution
- 52. Enforcement of decree against legal representative
- 53. Liability of ancestral property
- 54. Partition of estate or separation of share
- 55. Arrest and detention
- 56. Prohibition of arrest or detention of women in execution of decree for money
- 57. Subsistence-allowance
- 58. Detention and release
- 59. Release on ground of illness
- 60. Property liable to attachment and sale in execution of decree
- 61. Partial exemption of agricultural produce
- 62. Seizure of property in dwelling house
- 63. Property attached in execution of decrees of several Courts
- 64. Private alienation of property after attachment to be void
- 65. Purchaser’s title
- 66. [Repealed.]
- 67. Power for State Government to make rules as to sales of land in execution of decrees for payment
- 68. [Repealed.]
- 69. [Repealed.]
- 70. [Repealed.]
- 71. [Repealed.]
- 72. [Repealed.]
- 73. Proceeds of execution-sale to be rateably distributed among decree-holders
- 74. Resistance to execution