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Garnishee Order: Order 21 R 46 A To 46 I

This document discusses garnishee orders under Order 21 Rules 46A to 46I. It defines a garnishee as a debtor's debtor who is liable to pay a debt to the debtor. A garnishee order orders the garnishee not to pay money to the judgment debtor but to the garnisher instead. Notice must be issued to the garnishee before the order is passed. Payment by the garnishee into court discharges their liability to the judgment debtor. If the garnishee fails to comply with the notice or order, the court may order them to comply as if it were a decree against them. Orders in garnishee proceedings can be appealed. The

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527 views6 pages

Garnishee Order: Order 21 R 46 A To 46 I

This document discusses garnishee orders under Order 21 Rules 46A to 46I. It defines a garnishee as a debtor's debtor who is liable to pay a debt to the debtor. A garnishee order orders the garnishee not to pay money to the judgment debtor but to the garnisher instead. Notice must be issued to the garnishee before the order is passed. Payment by the garnishee into court discharges their liability to the judgment debtor. If the garnishee fails to comply with the notice or order, the court may order them to comply as if it were a decree against them. Orders in garnishee proceedings can be appealed. The

Uploaded by

Anusha V R
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Garnishee order

Order 21 R 46 A to 46 I
Garnishee order
Order 21 rule 46A to 46 I
Garnishee is a debtor's debtor. He is a person liable to
pay a debt to debtor or to deliver any movable property
to him.

Garnishee order is an order that is passed by a court


ordering a garnishee not to pay money to the judgment
debtor but to the garnisher to whom the judgment
debtor is indebted to. eg: bank
The decree holder can attach such debt in execution.
Notice
Before garnishee order is passed the court has to issue
notice to the garnishee. If no notice is issued and the
garnishee is not heard then such an order is null and
void.

Effect
Payment by garnishee into the court, pursuant to such
notice, shall be treated as a valid discharge to him as
against the judgment debtor.
Failure to comply
Where the garnishee neither makes payment into the
court as ordered nor appears and shows cause in
answer to the notice, the court may order the garnishee
to comply with such notice as if such order where a
decree against him.

Orders passed in garnishee proceedings are appealable.


Determination of attachment
I. Where decretal amount is paid or decree satisfied.

II. Decree is reversed or set aside.

III. Court upholds objection against attachment and


makes an order releasing the property.

IV. Where after attachment, the execution application


is dismissed.
Contd..
V. Attaching creditor withdraws the attachment.

VI. Where the decree holder fails to do what he is


bound to do under the decree,

VII. Attachment is ordered before judgment and the


defendant furnishes the necessary security.
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