Question

When a decree is transferred for execution to another court and if the decree holder has reasons to apprehend that the judgment debtor will dispose of the property before it is attached by the other court, he may apply to the court which passed the decree to issue a-------- to attach the property at once.

• A. Caveat
• B. Restitution order
• C. Attachment order
• D. Precept

Hint:

Remember "Precept" under Section 46 CPC as an emergency provision for decree-holders. It's a quick, temporary attachment order sent from the decree-passing court to the court where the property is located, freezing the property while the formal execution is being transferred.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question describes a situation where a decree-holder needs an urgent, temporary measure to prevent the judgment-debtor from alienating property located in another court's jurisdiction, while the formal process of transferring the decree for execution is underway.
Step 2: Key Formula or Approach:
This specific remedy is provided under Section 46 of the Code of Civil Procedure, 1908, which is titled "Precepts".
Section 46(1) states: "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."
Step 3: Detailed Explanation:
A precept is an order or direction given by the court which passed the decree to another competent court to attach the property of the judgment-debtor. Its purpose is to act as a temporary safeguard. It prevents the judgment-debtor from disposing of the property to defeat the execution. The attachment under a precept is valid for two months unless extended by the court which passed the decree or unless the decree itself is transferred to the attaching court for execution.
- A Caveat is a notice to a court to prevent an ex-parte order.
- A Restitution order restores a party to a position they were in before a wrongful order.
- An Attachment order is the final order of attachment, whereas a precept is a direction to another court to issue one.
Step 4: Final Answer:
The court may be asked to issue a Precept.

Answer 2

The question describes an urgent, temporary measure that the court which passed a decree can direct another court to take, to stop a judgment-debtor from disposing of property before the decree is formally transferred there for execution. Let's test each option against this description.

1. Caveat: A caveat is a notice lodged in a court (commonly under Section 148A CPC) asking to be heard before any order is passed against the caveator's interest in a pending or apprehended proceeding. It has nothing to do with directing another court to attach property, so it does not fit.
2. Restitution order: Restitution under Section 144 CPC restores a party to the position it was in before a decree or order that is later varied, reversed, or set aside. It operates after a decree has been undone, not as a preventive measure before a decree is transferred, so it does not match the facts.
3. Attachment order: An attachment order is the actual order attaching property, typically passed by the court exercising execution jurisdiction over that property. What the facts describe, however, is a direction issued by the decree-passing court asking another court to attach property urgently, which is a step before, and distinct from, the attachment order itself.
4. Precept: Section 46 CPC allows the court which passed the decree to issue a precept to any other competent court, directing it to attach specified property of the judgment-debtor at once, precisely to prevent alienation while the decree is being formally transferred. This matches the facts exactly.

Only a precept under Section 46 CPC allows the decree-passing court to direct urgent attachment by another court pending transfer of the decree.

Therefore, the correct answer is Precept.