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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

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.

A precept is an order or direction given by one court to another, requiring some act to be done. The rule governing the issue of precept is laid down in section 46. It provides that the decree-holder may apply to the court which passed the decree to issue a precept to that court within whose jurisdiction the property of the judgment-debtor is lying to attach the property belonging to the judgment-debtor and specified in the precept.

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The court to which the precept is sent shall then proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree. The attachment under the precept shall not continue for more than two months unless the period of attachment is extended by an order of the court which passed the decree or the decree has been transferred, before the determination of such attachment, to the court by which attachment has been made.

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