New Click here to Enroll for SIDBI MSME Expert Classes by Experts

    Register

    Question

    Under what circumstances can a court issue a precept to

    another court regarding the attachment of a judgment-debtor's property?
    A When the decree-holder applies, the court can issue a precept to any court, irrespective of jurisdiction, to attach the property of the judgment-debtor Correct Answer Incorrect Answer
    B Upon the decree-holder’s application, the court that passed the decree may direct another competent court to attach specific property of the judgment-debtor Correct Answer Incorrect Answer
    C Only when the judgment-debtor refuses to comply with the decree, can the court issue a precept to any court for attachment Correct Answer Incorrect Answer
    D The court can issue a precept to attach the judgment-debtor’s property only after obtaining the judgment-debtor's consent Correct Answer Incorrect Answer
    E The issuing of a precept is allowed only if the judgment-debtor resides within the jurisdiction of the court issuing the precept Correct Answer Incorrect Answer

    Solution

    Explanation: CPC Section 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.

    Practice Next