CPC 46H — Appeals

Code of Civil Procedure, 1908

Statutory text

An order made under rule 46B, rule 46C or rule 46E shall be applicable as a decree.
46-I.—Application   to   negotiable   instruments.—The   provisions   of   rules   46A   to   46H   (both
inclusive)  shall,  so  far  as  may  be,  apply  in  relation  to  negotiable  instruments  attached  under  rule  51  as they apply in relation to debts.]
47.  Attachment  of  share in  movables.—Where the property  to  be attached consists  of the share  or interest  of  the  judgment-debtor  in  movable  property  belonging  to  him  and  another  as  co-owners,  the attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share or interest or charging it in any way.
48.  Attachment  of  salary  or  allowances  of  servant  of  the  Government  or  railway  company  or local  authority.—(1)Where  the  property  to  be  attached  is  the  salary  or  allowances  of  a

[servant  of  the
Government]  or  of  a  servant  of  a  railway  company  or  local  authority

[or  of  a  servant  of  a  corporation
engaged  in  any  trade  or  industry  which  is  established  by  a  Central,  Provincial  or  State  Act,  or  a
Government  company  as  defined  in  section  617  of  the  Companies  Act,  1956  (1  of  1956)]  the  Court, whether  the  judgment-debtor  or  the  disbursing  officer  is  or  is  not  within  the  local  limits  of  the  Court's
jurisdiction,  may  order  that  the  amount  shall,  subject  to  the  provisions  of  section  60,  be  withheld  from
such salary or allowances either in one payment or by  monthly instalments as the Court may direct; and
upon  notice  of  the  order  to  such  officer  as

[the  appropriate  Government  may  by  notification  in the
Official Gazette] appoint

[in this behalf,—
(a) where such salary or allowances are to be disbursed within the local limits to which this Code for
the  time  being  extends,  the  officer  or  other  person  whose  duty  it  is  to  disburse  the  same  shall  withhold
and remit to the Court the amount due under the order, or the monthly instalments, as the case may be;
(b)  where  such  salary  or  allowances  are  to  be  disbursed  beyond  the  said  limits,  the  officer  or  other
person within those limits whose duty it is to instruct the disbursing authority regarding the amount of the
salary  or  allowances  to  be  disbursed  shall  remit  to  the  Court  the  amount  due  under  the  order,  or  the
monthly instalments, as the case may be, and shall direct the disbursing authority to reduce the aggregate
of  the  amounts  from  time  to  time,  to  be  disbursed  by  the  aggregate  of  the  amounts  from  time  to  time remitted to the Court.]
(2)  Where  the  attachable  proportion  of  such  salary  or  allowances  is  already  being  withheld  and
remitted to a Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed
by

[the  appropriate  Government]  in  this  behalf  shall  forthwith  return  the  subsequent  order  to  the  Court issuing it with a full statement of all the particulars of the existing attachment.

[(3) Every order made under this rule, unless it is returned in accordance with the provisions of sub-rule
(2) shall, without further notice or other process, bind the appropriate Government or the railway company or local  authority  or  corporation  of  Government  company,  as  the  case  may  be,  while  the  judgement-debtor  is
within the local limits to which this Code for the time being extends and while he is beyond those limits, if he
is in receipt of any salary or allowances payable out of the Consolidated Fund of India or the Consolidated
Fund  of  the  State  or  the  funds  of  a  railway  company  or  local  authority  or  corporation  or  Government
company in India; and the appropriate Government or the railway company or local authority or corporation or Government company, as the case may be, shall be liable for any sum paid in contravention of this rule.]

[Explanation.—In this rule, “appropriate Government” means,—

(i)  As  respects  any  person  in  the  service  of  the  Central  Government,  or  any  servant  of  a  railway
administration or of a cantonment authority or of the port authority of a major port, or any servant of a
corporation  engaged  in  any  trade  or  industry  which is  established  by  a  Central Act,  or  any  servant  of a
Government  company  in  which  any  part  of  the  share  capital  is  held  by  the  Central  Government  or  by
more than one State Governments or partly by the Central Government and partly by one or more State
Governments, the Central Government;
(ii)  As  respects  any  other  servant  of  the  Government, or  a  servant  of  any  other  local  or  other
authority,  or  any  servant  of  a  corporation  engaged in  any  trade  or  industry  which  is  established  by  a Provincial or State act, or a servant of any other Government company, the State Government.]

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