Order XXI Rule 46A CPC: Notice to Garnishee
Order XXI Rule 46A of the Code of Civil Procedure, 1908 (CPC) empowers an executing court, after attachment of an eligible debt under Rule 46, to issue a notice to a third party who owes money to the judgment-debtor. The notice requires that person, called the garnishee, either to pay the attached debt into court or to appear and explain why payment should not be ordered.
Meaning of garnishee and the legal framework
A decree-holder is the person in whose favour a decree has been passed; a judgment-debtor is the person against whom it is enforceable. A garnishee is a third party alleged to owe a debt to the judgment-debtor. Garnishee proceedings enable the decree-holder to seek satisfaction of the decree from an attached debt rather than waiting for the judgment-debtor to receive the money.
Order XXI Rule 46 provides for attachment of debts, shares and certain other movable property not in the judgment-debtor's possession. Rule 46A provides the subsequent notice procedure for a debt attached under Rule 46. The mechanism does not extend under Rule 46A(1) to a debt secured by a mortgage or charge.
Order XXI Rule 46A: Sub-rules explained
Sub-rule (1): Notice to the garnishee
Where a debt other than one secured by mortgage or charge has been attached under Rule 46, the executing court may, on the attaching creditor's application, issue a notice to the garnishee. The notice calls on the garnishee either to deposit in court the debt due to the judgment-debtor, or the portion sufficient to meet the decree and execution costs, or to appear and show cause against such payment.
Sub-rule (2): Application supported by affidavit
The application under sub-rule (1) must be supported by an affidavit verifying the alleged facts and stating that, in the deponent's belief, the garnishee is indebted to the judgment-debtor. The affidavit should identify the relevant debt and the basis of that belief.
Sub-rule (3): Payment towards satisfaction of decree
If the garnishee pays the amount due, or enough to satisfy the decree and execution costs, into court, the court may direct payment to the decree-holder towards satisfaction of the decree and those costs. The payment into court does not automatically dispense with the court's direction for disbursement.
How garnishee proceedings work
- Attachment: The decree-holder obtains attachment of an eligible debt under Order XXI Rule 46.
- Application: The attaching creditor applies under Rule 46A with the affidavit required by sub-rule (2).
- Notice: The court may require the garnishee to pay into court or appear and show cause.
- Response: The garnishee may pay, admit liability, dispute the debt or raise a legally available objection.
- Further order: Depending on the response, the court proceeds under Rules 46A to 46I, including adjudication of disputed questions where necessary.
Illustration
Suppose a decree-holder has an executable money decree against A, and B owes A an unsecured debt. After the debt is attached under Rule 46, the decree-holder may apply for a Rule 46A notice to B. B may pay the relevant amount into court or appear to dispute the alleged liability. The executing court determines the appropriate next step under the applicable rules.
Connected legal provisions
Order XXI Rule 46B concerns orders against a garnishee who does not pay or appear in response to the notice. Rule 46C provides for trial of disputed questions where liability is contested. Rules 46D and 46E address claims involving third persons; Rule 46F addresses discharge following garnishee payment. Rules 46G, 46H and 46I concern costs, appeals and application to negotiable instruments respectively.
For the authoritative statutory text and any applicable amendments, consult the India Code official legislation portal and the Legislative Department, Government of India. State amendments and applicable High Court rules may also affect local procedure.
Frequently asked questions
Who can request a garnishee notice?
The attaching creditor may apply after attachment of the qualifying debt under Order XXI Rule 46, subject to the requirements of Rule 46A.
Is an affidavit necessary?
Yes. Rule 46A(2) requires an affidavit verifying the facts alleged and stating the deponent's belief that the garnishee is indebted to the judgment-debtor.
Can a garnishee dispute the claimed debt?
Yes. Rule 46A allows the garnishee to appear and show cause. Where liability is disputed, Rule 46C provides for adjudication of the disputed questions.
Can the court order payment of more than the decree amount?
The notice may seek the debt due from the garnishee or so much as is sufficient to satisfy the decree and execution costs, in accordance with Rule 46A(1). The actual amount and entitlement are subject to the court's orders and the applicable provisions.
This article provides general legal information and should be read with the current statutory text, applicable amendments and court orders in the particular case.