Section 46 of CPC concerns with execution of decrees and does not affect the Jurisdiction of a Court under Order 38 Rule 5 of Civil Procedure Code to attach before Judgment, properties lying outside the jurisdiction of the Court.

Citation

CDJ 2009 MHC 146

M/s. Itel Industries Pvt. Ltd., Chennai Versus M/s.Ind. Solders and Alloys Pvt. Ltd., rep. By its Managing Director, Chennai

Head Note

Constitution Of India - Article 226, 227 - Civil Procedure Code – Section 115, 46 - Order 38 Rule 5 - To put it succinctly an order of precept is not an order transferring a decree for execution to the Court to which it is issued.Really speaking, this Court points out that Section 46 of Civil Procedure Code concerns with execution of decrees and does not affect the Jurisdiction of a Court of law under Order 38 Rule 5 of Civil Procedure Code to attach before Judgment, properties lying outside the jurisdiction of the Court as per decision in Chiman Das V. Mahadevappa AIR 1961 A.P. 417. Viewed in this perspective, after going through the order passed by the trial Court in regard to the issuance of precept by 19.02.2008, this Court is of the considered view that the order of the trial Court in regard to the issuance of precept is perfectly a valid one in the eye of law and resultantly, the civil revision petition fails and the same is hereby dismissed.

Comparative Citation:
2009 (4) LW 179 == 2009(6) CTC 382 ==