SECTION 45, 46 OF CODE OF CIVIL PROCEDURE 1908

What is Execution of decrees outside India? What is Precepts? Section 45 and 46 of Code of Civil Procedure 1908

Execution of decrees outside India and Precepts are defined under Section 45 and 46 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 45 of Code of Civil Procedure 1908 "Execution of decrees outside India"

So much of the foregoing sections of this Part as empowers a Court to send a decree for execution to another Court shall be construed as empowering a Court in any State to send a decree for execution to any Court established by the authority of the Central Government outside India to which the State Government has by notification in the Official Gazette declared this section to apply.

STATE AMENDMENTS
Pondicherry- After section 45 insert the following:-

"45-A. Execution of decrees etc. passed or made before the Commencement of the Code in Pondicherry- Any Judgment, decree or order passed or made before the Commencement of this Code by any Civil Court in the Union Territory of Pondicherry shall for the purpose of execution be deemed to have been passed or made under this Code.

Provided that nothing contained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment decree or order may be subject." [Act No. 26 of 1968].

Section 46 of Code of Civil Procedure 1908 "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.

Questions to be determined by Court executing decree

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