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

The scenario turns on which court acts, and at what stage, to protect the property before formal transfer of the decree.

1. Caveat and Restitution order: Both are unrelated remedies, a caveat is a request to be heard, and restitution reverses the effect of a set-aside decree, neither addresses urgent attachment before transfer.
2. Attachment order: This is the eventual order of attachment, ordinarily passed by the executing court once it has the decree before it, not by the decree-passing court acting in advance.
3. Precept: Section 46 CPC specifically lets the decree-passing court itself direct another competent court to attach property at once, without waiting for the decree to be formally sent there, exactly matching the urgency and sequence described.

Since the remedy must originate from the decree-passing court and act ahead of formal transfer, the correct answer is Precept.

Answer 2

Looking at the purpose and built-in limits of this remedy also confirms the answer. The concern in the facts is that the judgment-debtor might dispose of property before the transferee court gets a chance to attach it.

1. Caveat: A caveat only ensures the caveator is notified before an adverse order, it creates no attachment and offers no protection against a debtor disposing of assets.
2. Restitution order: This remedy compensates for consequences of a decree already undone; it has no role in preventing a future alienation of property.
3. Attachment order: A straightforward attachment order would normally need the executing court to already have seisin of the decree, which is exactly the delay the decree-holder is trying to avoid.
4. Precept: A precept is designed as a stop-gap: it operates for a limited period (ordinarily two months, unless extended), giving just enough protection to stop the debtor from disposing of the property while the decree is being formally transferred, after which the ordinary execution machinery takes over.

Its temporary, protective character is exactly what the facts call for, so the correct answer is Precept.