Question

    With reference to the Code of Civil Procedure, 1908, upon application of the decree holder the court which passed the decree may, whenever think fit issue ________ to any other court, which would be competent to execute such decree.

    A Transfer certificate Correct Answer Incorrect Answer
    B Letter of request Correct Answer Incorrect Answer
    C Precept Correct Answer Incorrect Answer
    D Directions Correct Answer Incorrect Answer

    Solution

    Section 46 empowers the Court to issue a precept to any other Court which would be competent to execute the decree to attach any property of the judgment-debtor specified in the precept and lying within, the Jurisdiction of the Court. 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. (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.  

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