CPC 46A — Notice to garnishee

Code of Civil Procedure, 1908

Statutory text

[46A.  Notice to garnishee.—(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 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.
(2) An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating that in the belief of the deponent, the garnishee is indebted to the judgment-debtor.
(3)  Where  the  garnishee  pays  in  the  Court  the  amount due  from  him  to  the  judgment-debtor  or  so
much thereof as is sufficient to satisfy the decree and the costs of the execution, the Court may direct that the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution.

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