Precept in CPC
Precept in CPC
What is a Precept?
A Precept is an official written order issued by a higher court or an executing court, directing a subordinate or another court/official to execute a decree or perform certain judicial acts such as attachment, sale, or delivery of possession.
It acts as a writ or warrant to enable execution of decrees or orders. Precept ensures that the executing authority follows the orders of the court.
Relevant Provisions in CPC
Section 94 of the CPC deals with the power to issue a precept.
Order XXI Rule 5 to Rule 19 provide detailed procedure regarding the execution through precept.
Important Points About Precept
Issued by Executing Court:
The executing court (which passed the decree or order) can issue a precept to any other court or officer to carry out the execution.
Purpose:
Primarily used to command a subordinate court or official to:
Attach or seize property.
Take possession.
Conduct sale of the property.
Recover money.
Obedience to Precept:
The court or official receiving a precept must obey and act upon it as if it were an order passed by that court itself.
Form and Contents:
The precept should clearly mention the details of the decree, the party in whose favor it is issued, and the specific act to be performed.
Return and Report:
The executing court must get a report or return from the officer or court to whom the precept was sent, detailing the action taken.
Why are Precepts Important?
Execution of Decrees beyond Jurisdiction:
When the property or the person against whom the decree is passed is outside the jurisdiction of the executing court, precepts enable another court within the jurisdiction of the property or person to execute the decree.
Avoids Delay in Execution:
By issuing a precept to a competent court or officer, the executing court ensures speedy execution.
Example:
Suppose a Civil Judge at City A passes a decree for recovery of money against a defendant whose movable property is located in City B. The Civil Judge at City A can send a precept to the Civil Judge at City B directing him to attach the defendant’s property and execute the decree.
Case Law on Precept
1. Nair Service Society Ltd. v. K.C. Alexander, AIR 1968 SC 1161
The Supreme Court observed that execution of decrees by issuing precepts is a crucial mechanism to ensure enforcement of judicial orders beyond territorial limits.
The Court held that precept is an effective tool to extend the jurisdiction of executing courts.
2. K.K. Verma v. State of Bihar, AIR 1971 SC 1214
The Court emphasized the mandatory nature of obeying precepts and the responsibility of the subordinate courts to comply with the instructions contained therein.
It clarified that a precept issued under CPC has the force of an order and must be followed strictly.
3. Ramnarayan Ramnath Jadhav v. Tukabai Tukaram Jadhav, AIR 1968 SC 89
The Supreme Court pointed out that failure to obey a precept may amount to contempt of court.
The precept binds the officer or court to act in a specific manner, and any deviation can be questioned.
Summary of Key Points:
| Aspect | Details |
|---|---|
| Definition | Written order issued by a court for execution |
| Governing Section | Section 94 CPC, Order XXI Rule 5-19 |
| Purpose | Execution of decree beyond territorial limits |
| Issued By | Executing court |
| To Be Obeyed By | Subordinate courts or officers |
| Contents | Details of decree, party, and execution instructions |
| Case Law Reference | Nair Service Society Ltd., K.K. Verma, Ramnarayan case |
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