Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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8.

Precepts are issued under section 46 of CPC for :

A: Serving summons on persons residing beyond local jurisdiction.
B: Serving a warrant on the judgment-debtor
C: Attaching the property of the judgment-debtor
D: None of the above.

The answer is: C

Explanation

The correct option is C: Attaching the property of the judgment-debtor.

A precept is a written order issued by a court that passed a decree to another court that is competent to execute the decree, directing the latter to attach any property of the judgment-debtor specified in the precept that lies within its jurisdiction.

A precept is issued under Section 46 of the Code of Civil Procedure (CPC), which is a law that governs the procedure of civil courts in India. A precept is used to prevent the judgment-debtor from alienating or otherwise dealing with the property to the detriment of the decree-holder until proper proceedings for the sale of the property can be taken. A precept is valid for two months unless extended by the court that passed the decree or transferred to the court that attached the property.

Some additional sentences are:

- A precept is different from a warrant, which is a judicial order authorizing the arrest or detention of a person or the seizure of property.

- A precept is also different from a summons, which is a legal document that informs a person that a lawsuit has been filed against them and that they must appear in court to answer it.

- A precept is a provisional measure that does not affect the rights of the parties to the decree, but only secures the property for the satisfaction of the decree.