Precepts
A fast reach-ahead tool: the decree-court tells a distant competent court to freeze the judgment-debtor’s property — before the decree itself is formally transferred there.
How to read Section 46
A precept is a written direction from the court that passed the decree to another competent court, asking it to attach specified property of the judgment-debtor.
Transferring a decree (§§ 39–40) takes time. A precept lets the holder secure assets instantly in another court’s area, so the debtor cannot spirit them away meanwhile.
It is only a holding measure — the attachment dies after two months unless it is extended, or the decree is actually transferred and a sale is sought.
The bare Act
(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.
Key terms decoded
A written direction from the court that passed the decree to another competent court, ordering it to attach specified property of the judgment-debtor.
The legal seizure / freezing of property so it cannot be transferred or disposed of, pending execution.
A court that, under §§ 38–39, would have authority to execute the decree — usually where the property lies.
The lapse / ending of the attachment — here, after two months unless extended or converted into full execution.
The picture
A precept is a short-lived freeze — it buys roughly two months for the decree-holder to convert it into real execution, or lose it.
Section 46, part by part
Two sub-sections and a proviso. Open each:
Sub-section (1) creates the power — who may ask, who issues, to whom, and for what.
Sub-section (2) tells the receiving court what to do — and how.
The proviso is the heart of § 46 — it puts the precept on a short leash with two ways out.
How the parts work as one body
Read together, § 46 is a bridge in time: it lets a decree-holder grab hold of assets in a far-off competent court immediately, then gives a brief window to convert that grip into full-blown execution by transferring the decree (§ 39) and asking for a sale. It is a stop-gap against a debtor who might otherwise dispose of property while the slower transfer machinery grinds on.
How § 46 connects
A precept borrows the competence ideas of §§ 37–39 and is designed to ripen into a § 39 transfer. The live links open them.