Define ‘Precept’.

Question: Define ‘Precept’. [DJS 2007, Raj J.S. 1992]

Find the answer to the mains question only on Legal Bites. [Define ‘Precept’]

Answer

Precept means “a command”, “an order”, “a writ” or “a warrant”.

A precept is an order or direction given by the court which passed the decree to court which would be competent to execute the decree to attach any property belonging to the judgment debtor.

Section 46 provides that the court which passed a decree may, upon an application by the decree-holder, issue a precept to that court within whose jurisdiction the property of the judgment debtor is lying to attach any property specified in the precept.

The principal object of attachment by precept is to enable the decree-holder to obtain an interim attachment of the property of the judgment debtor situate within the jurisdiction of another court where it is apprehended that the decree-holder may otherwise be deprived of the fruits of the decree.

Thus, a precept seeks to prevent alienation of property of the judgment debtor not located within the jurisdiction of the court which passed the decree so that the interest of the decree-holder is safeguarded and protected.

An order of precept is merely a step taken to facilitate execution, and not an order transferring a decree for execution. It is for this reason that the effect of the attachment in pursuance of the precept is, as a general rule, limited to two months unless the case is covered by the proviso. An order of permanent attachment is, therefore, illegal.

Moreover, this section applies to matters which arise after a decree has been passed. Hence, it cannot be invoked in aid of an application for attachment before judgment under Order 38 Rule 5. Again, no attachment can be effected under this section where the property is situated outside India.

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