CPC 46C — Trial of disputed questions

Code of Civil Procedure, 1908

Statutory text

Where the garnishee disputes liability, the Court may order that
any issue of question necessary for the determination of liability shall be tried as if it where an issue in a
suit, and upon the determination of such issue shall make such order or orders as it deems fit:
Provided that if the debt in respect of which the application under rule 46A is made is in respect of a
sum of money beyond the pecuniary jurisdiction of the Court, the Court shall send the execution case to
the  Court  of  the  District  Judge  to  which  the  said  Court  is  subordinate,  and  thereupon  the  Court  of  the
District Judge or any other competent Court to which it may be transferred by the District Judge shall deal with it in the same manner as if the case had been originally instituted in that Court.

Back to CPC