Order 21, Rules 46-A, 46-1 deals with Garnishee.
Garnishee means a judgement-debtor’s debtor. Garnishee is a person who is liable to pay a debt to judgement-debtor or to deliver any movable property to him.
A garnishee order is an order passed by a Court ordering a garnishee not to pay money to the judgement-debtor because, the judgement-debtor is indebted to the garnisher.
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ADVERTISEMENTS:
The procedure for grant of garnishee order has been stipulated under Rules 46-A to 46-1.
The Court may, in the case of a debt (other than a debt secured by a mortgage or a charge) 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 judgement- 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.
The payment made by the garnishee into the Court pursuant to such notice shall be treated as valid discharge to him as against the judgement-debtor.
ADVERTISEMENTS:
The Court may direct that such amount may be paid to the decree holder towards the satisfaction of the decree and costs of the judgement-debtor.
The Court may direct that such amount may be paid to the decree holder towards the satisfaction of the decree and costs of the execution.
Where neither the garnishee makes the payment into Court as ordered, nor appears and shows any cause in answer to the notice, the Court may order the garnishee to comply with such notices as if such order were a decree against him.
Where the garnishee disputes his liability, the Court shall determine his liability and then may pass such order as it thinks fit.