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.
************