Explain in brief 'Garnishee Order’.

Question: Explain in brief ‘Garnishee Order’. [JJS 2018]

Find the answer to the mains question only on Legal Bites. [Explain in brief ‘Garnishee Order’.]

Answer

“Garnishee” means a judgment-debtor’s debtor. He is a person who is liable to pay a debt to a judgment debtor or to deliver any movable property to him. “Garnishee proceeding” is a judicial proceeding in which a judgment creditor prays to execute court to direct a third party who is a debtor of the judgment debtor to pay the amount to the garnisher. “Garnishee order” is an order passed by a court ordering a garnishee not to pay money to the judgment debtor because the latter is indebted to the garnisher.

Rule 46-A-46-I of Order 21 as inserted by The Code of Civil Procedure Act, 1976 lays down procedure in garnishee cases. The court may, in the case of a debt which has been attached under Rule 46, upon the application of the attaching creditor, issue a notice to the garnishee liable to pay such debt, calling upon him either to pay into court the debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree and costs of execution or to appear and show cause why he should not do so.

Illustration

Suppose ‘A’ owes rupees 1000/- to ‘B’ and ‘B’ owes rupees 1000/- to ‘C’. By a garnishee order, the court may require ‘A’ not to pay money owed by him to ‘B’, but instead to pay ‘C’, since ‘B’ owes the said amount to ‘C’, who has obtained the order.

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