All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
53.

A precept seeks to ___________ of the judgement debtor.

A: Attach the property
B: Prevent alienation of property
C: Prevent attachment and alienation
D: None of the above

The answer is: B

Explanation

The correct answer is B: Prevent alienation of property.

A precept seeks to prevent alienation of property of the judgment debtor by attaching it temporarily until the decree can be transferred and executed by the proper court. A precept is an order or direction given by the court which passed the decree to another court which would be competent to execute the decree to attach any property belonging to the judgment debtor. The object of a precept is to prevent the judgment debtor from disposing of his property before the decree holder can get the decree transferred and take steps in the proper court for execution against the property. A precept does not transfer the decree to another court, nor does it amount to a final attachment order. It is only a provisional measure to secure the property of the judgment debtor for a period of two months, unless extended by the court issuing the precept.