Order XXI Rule 46B CPC - Order Against Garnishee
A practical guide to the legal requirements, notice procedure, enforceability and remedies under Order 21 Rule 46B of the Code of Civil Procedure, 1908.
Meaning and scope of Order XXI Rule 46B CPC
Order XXI Rule 46B of the Code of Civil Procedure, 1908 (CPC) deals with an order against a garnishee who fails to respond to a court notice concerning a debt owed to a judgment-debtor. A garnishee is a third person who owes money to the judgment-debtor; the decree-holder may seek payment of that debt towards satisfaction of an executable money decree.
The provision operates after attachment of an eligible debt under Order XXI Rule 46 and service of a garnishee notice under Order XXI Rule 46A. It is a mechanism for enforcing a decree against a debt in the hands of a third party, not a general power to recover money from any third party.
Legal provision: Order XXI Rule 46B - Order against garnishee
Where the garnishee does not forthwith pay into 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 execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.
Explanation: If the garnishee neither pays the amount required by the notice nor appears to show cause, the executing court may direct compliance. Once that order is made, it can be executed as though it were a decree against the garnishee. The rule uses discretionary language: an enforceable order is not automatic merely because notice was issued.
Conditions for an order against a garnishee
- There must be an executable decree and an eligible debt owed by the garnishee to the judgment-debtor.
- The debt must have been attached under Order XXI Rule 46 and the garnishee must have been called upon under Rule 46A to pay into court or show cause.
- The garnishee must fail to pay the relevant amount and fail to appear and show cause in response to the notice.
- The executing court must exercise its discretion to order compliance; the resulting order is enforceable as if it were a decree against the garnishee.
Procedure and effect
The decree-holder ordinarily applies for attachment and garnishee relief before the executing court. Under Rule 46A(2), the application for garnishee notice must be supported by an affidavit verifying the facts and stating the deponent's belief that the garnishee is indebted to the judgment-debtor. The court then considers the garnishee's response. If the garnishee does not pay or appear to show cause, Rule 46B permits a compliance order, followed by execution of that order if necessary.
If the garnishee disputes liability, Order XXI Rule 46C provides for determination of disputed questions. Claims by a third person to the debt are addressed under Rule 46D and Rule 46E. A garnishee who pays in accordance with the court's order may obtain a valid discharge under Rule 46F.
Illustrative example
A obtains a money decree against B. C owes B a presently payable debt. After the court attaches that debt and issues a Rule 46A notice to C, C neither deposits the required amount nor appears to explain why payment should not be ordered. Subject to the statutory requirements and the court's assessment, the court may make a Rule 46B order against C and enforce it as a decree. The amount sought is limited by the attached debt and the sum needed to satisfy the decree and execution costs.
Related rules and safeguards
Rule 46G deals with costs, Rule 46H addresses appeals, and Rule 46I concerns negotiable instruments. Applicability may depend on amendments and procedural rules governing the court concerned.
Official legal sources
Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 (Act 5 of 1908), particularly the First Schedule, Order XXI, Rules 46 and 46A to 46I. The precise current text and applicable state or High Court amendments should be checked for the jurisdiction concerned.
Frequently asked questions
What is an order against a garnishee under Rule 46B?
It is an executing court's order requiring a garnishee who has not paid or shown cause in response to a Rule 46A notice to comply with that notice. The order can be executed as though it were a decree against the garnishee.
Can a garnishee contest the alleged debt?
Yes. A garnishee may appear and show cause, and disputed liability can be adjudicated under Rule 46C rather than treated as an uncontested failure to respond.
Does Rule 46B apply without a Rule 46A notice?
Rule 46B is framed around failure to comply with or answer the garnishee notice. The preceding attachment and notice procedure is therefore material.