The transfer of Decree and Precepts is an important legal duty of the Courts. This Article covers all the relevant procedures governing the process

1. TRANSFER OF DECREE AND PRECEPTS
[A Research Paper]
(District Judiciary Swabi)
Paper Prepared by:
Committee Groups
Ijaz ul Haq Awan
Addl: District & Sessions Judge-II
Swabi
Muhammad Ismail
Civil Judge-II
Swabi
Amina Haider
Civil Judge-III
Swabi
Sana Afzal
Civil Judge-I
Swabi
Muhammad Iqbal
Senior Civil Judge
Swabi
Abdul Jabbar
Addl: District & Sessions Judge-I
Swabi
Haroon ur Rasheed
Civil Judge-IV
Swabi
Noreen Farooq
Civil Judge-V
Swabi

2. TRANSFER OF DECREE AND PRECEPTS
[A Research Paper]
INDEX
S. No. Contents Page
Abstract 01
1.0 Critical Questions 02
2.0 Precept 02
2.1 Issuance of precept 03
2.3 Object of precept 03
2.4 Power of the Court to which is sent 03
2.5 Who may execute precept 03
2.6 Nature of Attachment 04
2.7 Precept is attachment of passing of decree 04
2.8 Application of precept 04
2.9 Explanation of attachment under a precept 05
2.10 Precept, which Court may issue 05
2.11 Appeal 05
2.12 Relevant Case Laws 05
2.13 Significance of precept 06
3.0 Transfer of Decree 07
3.1 Section 39 of CPC 07
3.2 Transfer of Decree to a Court in another province 07
3.3 Result of execution proceedings to be certified 08
3.4 Powers of Court in Executing, transferred decree 08
3.5 Mode of Transfer of Decree 08
4.0 Transfer of Decree in Family Cases 09
4.1 Intra-District Transfer of Decree by District Court 09
4.2 Inter/Intra District Transfer of Decree by High Court 10
4.3 Inter-Provincial Transfer of Decree by Supreme Court 10
5.0
Transfer of Decree and precepts in Family and Civil Cases
[Difference]
11
6.0 Peshawar High Court Rules and Orders 12
7.0 Conclusion 13
References 14

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TRANSFER OF DECREE AND PRECEPTS
[A Research Paper]
Abstract
Transfer of decree and precepts are the instruments of Execution, which is the
last stage of any civil litigation in Pakistan. There are three stages in litigation-
a. Institution of litigation, b. Adjudication of litigation, c. Implementation of
litigation. Implementation of litigation is also known as execution. A decree
will be executed by the Court which has passed the judgment. In exceptional
circumstances, the judgment will be implemented by other Court which is
having competency in that regard. Execution is the enforcement of a decree
by a judicial process which enables the decree-holder to realize the fruits of
the decree and judgment passed by the competent Court in his favour. The
execution is complete when the decree-holder gets money or other thing
awarded to him by the judgment, decree or order of the Court. This research
paper is mainly aimed at transfer of decree and precepts. Order XXI of the
CPC is the lengthiest Order provides detailed provisions for making an
application for execution/transfer of decree and precepts and the manner
that, how such application is to be entertained, dealt with and decided. All
proceedings in execution commence with the filing of an application for
execution. Such application should be made to the Court who passed the
decree. Once an application for Execution of decree is received by the Court,
it will examine whether the application complies with the requirements of
Rules (11 to 17). If they complied with, the Court must admit and register the
application. Section 37 defines the expression ‘Court which passed a decree’
while sections 39 to 46 provide for the transfer for execution of a decree by
the Court and precepts which passed the decree to another Court, lay down
conditions for such transfer and also deal with powers of executing Court.

4. 2 | P a g e T r a n s f e r o f D e c r e e / P r e c e p t s
Directives/Notifications issued from time to time by Apex Court in this
respect are to be complied with.
Key Words
Transfer of Decree, Precepts, Execution, mode and manner, jurisdiction,
Standing Orders. conclusion.
1.0 Critical Questions:
1. What is the significance and procedure of transfer of decree
and precepts?
2. What is the mode of transfer of decree and precepts at
District and Provincial level, in civil cases and what is the
applied/in-field practice by District Courts?
3. How the mode of transfer of Family Decrees and precepts
differs from other civil cases?
4. To what extent Rules and Standing orders of Superior
Courts add to such process of transfer?
5. What are the shortcomings/glitches in practical approach of
applied laws on the subject?
2.0 PRECEPT:
Literal meaning
A precept (from the Latin: præcipere, to teach) is a commandment, instruction, or order
intended as an authoritative rule of action.
Black Law Dictionary
“In English and American law. An order or direction, emanating from
authority, to an officer or body of officers, commanding him or them to do
some act within the scope of their powers. Precept is not to be confined to civil
proceedings, and is not of a more restricted meaning than “process.” It
includes warrants and processes in criminal as well as civil proceedings.”
Civil Procedure Code
According to section 46 of CPC 1908, a precept is an order or direction
given by one court to another, requiring some act to be done. The court to

5. 3 | P a g e T r a n s f e r o f D e c r e e / P r e c e p t s
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.
Section 46:
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.
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”.
Proviso:
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.
2.1 Issuance of precept:
The right to apply for the issuance of precept is not an independent
right but is a step towards execution. In the very nature of things, therefore,
as long as an application for execution of a decree is competent under the law,
the decree holder will have the right to apply for a precept. An application
under section 46 is not for execution but is a step towards the execution.
It is clear from the provision of the CPC that there must be an
application for execution in the proper form after an attachment under a

6. 4 | P a g e T r a n s f e r o f D e c r e e / P r e c e p t s
precept is effected and it is only upon such application that execution can
issue.
2.3 Object of receipt:
The object of precept is to enable a decree holder to obtain an interim
attachment where there is ground to apprehend that he may otherwise be
deprived of the fruit of the decree.
2.4 Power of the court to which is sent:
The court to which a precept is sent has no jurisdiction to question the
validity of the precept. Therefore, it must attach the property as it received the
precept. The attachment takes effect from the day when the precept is received
by the court but the court to which the precept is sent may stay execution if
the judgment debtor deposits the decretal amount in court or furnishes
sufficient security for payment thereof.
2.5 Who may execute precept:
Precept can be sent only to that court which is competent to execute
the decree. Competency includes competency regarding subject matter as
well as pecuniary jurisdiction of the transferee court.
2.6 Nature of attachment:
A precept is an interim attachment; its operation restricted a period of
two months unless this period is extended, or up to the time of the transfer of
the decree to the court by which the attachment has been made. Permanent
attachment cannot be made under section 46.
2.7 Precept is attachment of passing of decree:
Precept is an interim measure for the preservation of property pending
the transfer of the decree. A precept can only be issued after the passing of the
decree.
2.8 Application of precept:

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Precept is not to be confined to civil proceedings and is not of a more
restricted meaning than process. It includes warrants and processes in
criminal as well as in the civil proceedings.
2.9 Explanation of attachment under a precept:
An order for a permanent attachment is not one contemplated by this
section. Attachment made under this section may continue for more than two
months unless the period is extended by order the court which passed the
decree or unless decree is transferred for execution to the attaching court and
the decree holder applied for the sale of the property.
For example: when an application for extending the period of the
attachment is made before the expiry of two months but the order extending
the time is passed after expiry of the period, the order will relate back to the
date of the petition and will have a retrospective effect.
2.10 Precept, which court may issue:
The precept is to be issued by court which passed the decree. It is usual
to transfer the decree for execution to the court to which the precept is issued.
For example: The jurisdiction of the present court continues for certain
purposes of which section 46 is one, and therefore, it can issue a precept even
after the decree is transferred for execution. But the court to which the decree
is transferred for execution is not competent to issue a precept and is different
from an attachment before judgment.
2.11 Appeal:
An order of precept under section 46 does not fall under section 47,
i.e. not being one in execution and so is not appealable.
2.12 Relevant Case Laws
2016 CLC p.1085 Lahore High Court: - “No provision of law
existed under which the executing court could attach or make an order for

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transfer of the amount lying in the Bank account falling outside of its
territorial jurisdiction”.
1986 CLC p.1039 Supreme Court Azad Kashmir: - “Foreign
judgment- Execution of precept issued by foreign court, held, would not be
executable in native country. Judgment and decree upon which precept
proceeded being judgment and decree of court situate in Pakistan, could not
be executed in Azad Jammu Kashmir. Judgment of a court of Pakistan,
however, being foreign judgment would be conclusive as to any matter
thereby directly adjudicated between the parties in view of proviso of section
13 CPC 1908. Remedy available to such decree holder would be to institute
suit on the basis such foreign judgment and obtain decree from a court of
Azad Jammu & Kashmir against judgment debtor”.
1977 PLD p.736 Karachi: - “Limitation for application for precept
decree barred under Article.183 Right to seek aid of court by issue of precept
in respect of such decree held, barred by limitation”.
“Decree remaining executable- application for period in respect of
such decree cannot be held to be barred by limitation after expiry of 03 years
under Article 181 Limitation Act”.
1971 PLDp.255 Karachi High Court: -“No provision made in CPC
1908for making objection to catchment made under precept. Intervenes
application objection to attachment in circumstance accepted under
provision of section 151 and inquiry made into objection raised”.
2.13 Significance of precept
In view of the above, the significance of precepts is quite clear as it is
first step towards the formal initiation of execution proceedings. Precept is
time bound remedy which benefits both the parties, as the Court to which the
precept is send has the authority to attach the property only for a span of two

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months unless extended. The precept remains operational till the transfer of
decree only.
3.0 TRANSFER OF DECREE: -
3.1 Section 39 of CPC 1908:
a) The court which passed a decree may on the application of the
decree holder, send it for execution to another court;
b) If the person against whom the decree is passed actually and
voluntarily resides or carries a business or personally works for
gain, within the local limits of the jurisdiction of such other court,
or,
c) If such person has no property within the local limits of the
jurisdiction of the court which passed the decree sufficient to satisfy
such decree and has property within the local limits for the
jurisdiction of such other courts, or
d) If the decree directs the sale or delivery of immovable property
situate outside the local limits of jurisdiction of the court which
passed it, or
e) If the court which passed the decree considers for any other reason,
which it shall recommend in writing, that the decree should be
executed by such other court.
(2) The court which passed a decree may of its own motion send it
for execution to any subordinate court of competent jurisdiction.
3.2 Transfer Of Decree To Court In Another Province: -
S. 40.----------- where a decree is sent for execution in another
province, it shall be sent to such court and executed in such manner as
may be prescribed by rules in force in that province.

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3.3 Result Of Execution Proceedings To Be Certified: -
S. 41.----------- The court to which a decree is sent for execution shall
certify to the court which passed it, the fact of such execution, or where
the former court fails to execute the same. The circumstances attending
such failure.
3.4 Powers Of Court In Executing Transferred Decree: -
S. 42.----------- (1) The court executing a decree sent to it shall have the same
powers in executing such decree as if it had been passed by itself. All persons
disobeying or obstructing the execution of the decree shall be punishable by
such court in the same manner as if it had passed a decree and its order in
executing such decree shall be subject to the same rules in respect of appeal
as if the decree had been passed by itself.
3.5 Mode of transfer of Decree
Order 21 Rule 05---------------where the court to which a decree is to be sent
for execution is situated within the same district as court which passed such
decree such court shall send the same directly to the former court. But, where
the court is which the decree is to be sent for execution is situated in a different
district, the court which passed it shall send it to the district court of the
district in which decree is to be executed.
Order 21 Rule 06--------------Procedure where the court desires that
its own decree shall be executed by another court. The court sending
a decree for execution shall send;
(a) A copy of the decree;
(b) A certificate setting forth that satisfaction of the decree has
not been obtained by execution within the jurisdiction of the
court by which it was passed, or, where the decree has been

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executed in part. The extent to which satisfaction has been
obtained and what past of the decree remain unsatisfied, and
(c) A copy of any order for the execution of the decree, or, if no
such order has been made, a certificate to that effect.
(2) Such copies and certificates may, at the request of the decree
holder, be handed over to him or to such person as he appoints, in a
sealed cover to be taken to the court to which they are to be sent.
Rule 07: - Court receiving copies of decree etc. to file the same without proof.
Rule 08: - Execution of decree or order by court to which it is sent.
Rule 09: - Execution by High Court of decree transferred by other court.
4.0 TRANSFER OF DECREE IN FAMILY CASES
West Pakistan Family Court Act, 1964 provides the procedure for
transfer of any suit or proceedings from one family court to another in the
same district or from a family court of one district to another. The transferee
court shall have the same jurisdiction to execute the decree in same manner
as if it were instituted or filed before it.
4.1 Intra-District Transfer of Decree by District Court
(2) A District Court may, either on the application of any party or of
its own accord, by an order in writing, transfer any suit or proceeding under
this Act from one Family Court to another Family Court in a district or to itself
and dispose it of as a Family Court.
(2a) Where a Family Court remains vacant or the presiding officer
remains on leave or absent for any reason, except due to vacations, for more
than thirty days, a District Court may, either on the application of any party

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or of its own accord, by order in writing, transfer any suit or proceeding from
such Family Court to another Family Court in a District or to itself and dispose
it of as a Family Court.
4.2 Inter/Intra District Transfer of Decree by High Court
S. 25-A. of Transfer of cases.— (1) Notwithstanding anything contained
in any law, the High Court may, either on the application of any party or of
its own accord, by an order in writing—
(a) transfer any suit or proceeding under this Act from one Family
Court to another Family Court in the same district or from a Family Court of
one district to a Family Court of another district; and
(b) transfer any appeal or proceeding under this Act, from the District
Court of one district to the District Court of another district.
4.3 Inter-Provincial Transfer of Decree by Supreme Court
(25-A 2b) On the application of any of the parties and after notice to
the parties and after hearing such of them as desire to be heard, or of its own
motion without such notice, the Supreme Court may at any stage transfer any
suit, appeal or other proceedings under this Act pending before a Court in one
Province to a Court in another Province, competent to try or dispose of the
same subject to codal formalities envisaged in Supreme Court
Rules, 1980 and directives contained in letter referred hereinafter.

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(3) Any Court to which a suit, appeal or proceeding is transferred under
the preceding sub-sections, shall, notwithstanding anything contained in this
Act, have the jurisdiction to dispose it of in the manner as if it were instituted
or filed before it: Provided that on the transfer of a suit, it shall not be
necessary to commence the proceedings before the succeeding Judge de novo
unless the Judge, for reasons to be recorded in writing, directs otherwise.
So the mechanism of transfer of decree on various levels is clearly
depicted in the above mentioned provisions and rules.
5.0 TRANSFER OF DECREE AND PRECEPTS IN FAMILY AND
CIVIL CASES [DIFFERENCE]

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It is clear from the abovementioned discussion in paras ante that the
mode of transfer of decrees and precepts differs from that of civil cases. In
civil cases, the precepts can directly be communicated to the executing Court
however, in Family cases, such precepts and decree are to be transferred by
way of special procedure contained in S. 25 of West Pakistan Family Court Act
1962. Inter-district transfer of such matters would be channelized by High
Court whereas, at provincial level, the powers to transfer such precepts and
decrees lies with Supreme Court. The District and Sessions Judge has the
authority only to the extent transfer it from one family Court to anther or itself
only.
6.0 PESHAWAR HIGH COURT RULES & ORDERS
(Transfer of Decree)
Rule V, VI and VII of Peshawar High Court Rules & Orders (Volume-
01, Chapter-01) deals with the procedure of transfer of Decrees and their
execution:
Rule 5 (B) Transfer of decrees in another court for execution and
execution of such court.
Rule VI: Procedure when a decree is transferred under section 39 &
Order 21 Rule 06 CPC:
When a decree is transferred by the court, the court which
transfers the decree shall send a copy of the decree, a certificate showing what
satisfaction of the decree, if any, has been obtained within the jurisdiction of
the court by which it was passed and a copy of any order for the execution of
the decree, or a certificate that no such order has been made. The cost of
preparing such copy and certificate and of transmitting them by post shall be

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defrayed in the first instance by the person applying for the transfer of the
decree.
Note: Under order XXI Rule 08 CPC, a decree sent under the provisions of
section 39 CPC for execution of another district, may be executed wither by
the district court to which it is sent, or by any subordinate court to which the
district curt may refer it, and under section 42 CPC, the court executing the
decree has same powers of execution as if the decree has been passed by itself.
The execution files of cases should remain with the record of the court by
which the decree is executed, and should not be returned to the court by which
the decree was passed.
A certificate showing the extent to which the decree has been executed
is required by section 39 CPC, a register should be maintained in each district
showing the decrees transferred to other courts. The register should be in two
parts and in the form prescribed; one past of register should be reserved for
decrees transferred to other courts, and the other half for decrees received
from other courts.
VII. Execution of decrees passed by the High Court in the
exercise of the original jurisdiction. On the determination of a suit by
the High Court as Court of Original Jurisdiction, the case will be remitted for
execution of any decree that may have been given to the Court of original
jurisdiction as the high Court may especially direct.
7.0 CONCLUSION:
Transfer of decrees and precepts are conjoining factors of Execution of
the decrees passed by the Courts from grassroots to the
top. Ultimately, after the judgment attains finality or where there is no stay
in the execution by any Appellate or Revisional Court, it is the Court of
original jurisdiction which performs this sacred act of implementation of the

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execution. All the provisions of law and standing orders are complied with by
District Courts in transfer of Decrees and precepts, concerning civil cases, to
the exclusion of Family Cases. Although the mode of transfer of decrees in
Family Cases has been well clarified in S. 25-A of West Pakistan Family Court
Act, 1964 and standing orders of Hon’ble Supreme Court of Pakistan referred
to in para ante, yet at some instances, such family case decrees/precepts are
transferred by learned District Judges, directly to the concerned executing
courts (at District and provincial level) in order to prevent hardships to the
litigants (mostly women) which practice is against the spirit of above
mentioned provision of law however, the same is required to be given legal
cover by way of amendment in the relevant enactments so as to minimize the
hardships and agonies of parties seeking execution.
It is only the process of transfer of decrees and precepts that kick-start
the execution and ensure the satisfaction of decrees; the pedestal of the Court
and sanctity of the document, ultimately meeting the ends of justice. As such,
the decrees are executed and the Decree-Holder after having obtained a
document containing declaration of his rights do not feel cheated or helpless
after having earned fruits of the lis got settled by him from the Court even after
spending decades altogether. The transfer of decree and precepts are mile-
stone instruments to ensure constitutional and inherent rights of subjects.
7th December, 2019
References:
 The Code of Civil Procedure 1908.
 West Pakistan Family Court Act, 1964
 The Limitation Act 1908
 Supreme Court Rules 1980.
 Peshawar High Court, Rules and Orders (1st Edition 2016)

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 2016 CLC p.1085 Lahore High Court
 1986 CLC p.1039 Supreme Court Azad Kashmir
 1977 PLD p.736 Karachi
 1971 PLDp.255 Karachi High Court:
 www.pakistanlawsite.com
Paper Prepared by:
Committee Groups
Ijaz ul Haq Awan
Addl: District & Sessions Judge-II
Swabi
Muhammad Ismail
Civil Judge-II
Swabi
Amina Haider
Civil Judge-III
Swabi
Sana Afzal
Civil Judge-I
Swabi
Muhammad Iqbal
Senior Civil Judge
Swabi
Abdul Jabbar
Addl: District & Sessions Judge-I
Swabi
Haroon ur Rasheed
Civil Judge-IV
Swabi
Noreen Farooq
Civil Judge-V
Swabi