Section 46 of cpc regarding precept
bhavin
(Querist) 25 July 2013
This query is : Resolved
Respected seniors,
After getting exparte decree in summary civil suit I have filed an application u/s 46 of cpc to execute the same decree,but after passing a 2 years judge suggesting me to give specific details of the judgement debtor's property. I have many time argued but still judge is ignoring. Pls. Tell me what should I do to overcome from the above said issue.
Devajyoti Barman
(Expert) 25 July 2013
The judge is right. Without property details you can not get back your decreetal amount.
However you may apply for civil imprisionment.
Rajendra K Goyal
(Expert) 25 July 2013
Agree with the expert, nothing more to add.
bhavin
(Querist) 25 July 2013
i have annexed schedule containing list of property like stock in trade, mobile, computer, air conditioner etc. My question is how can judgement creditor get the specific details of the property of judgement debtor.
Section 46 is very clear: for your ready ref.
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.
