Order XXI Rule 46F CPC: Payment by Garnishee to Be Valid Discharge
Order 21 Rule 46F protects a garnishee who pays a debt in response to a notice under Rule 46A or a relevant court order during execution of a civil decree.
Text of Order XXI Rule 46F
Payment made by the garnishee on notice under rule 46A or under any such order as aforesaid shall be a valid discharge to him as against the judgment-debtor and any other person ordered to appear as aforesaid for the amount paid or levied, although the decree in execution of which the application under rule 46A was made, or the order passed in the proceedings on such application may be set aside or reversed.
Meaning and legal effect
A garnishee is a person who owes money to the judgment-debtor, such as a debtor of the judgment-debtor, and is directed through execution proceedings to pay that money towards satisfaction of a decree. A judgment-debtor is the person against whom a decree is passed; the decree-holder is the person in whose favour the decree is passed.
Rule 46F provides that payment by a garnishee under a Rule 46A notice or the relevant court order is a valid discharge to the extent of the amount paid or levied. The judgment-debtor and persons ordered to appear in those proceedings cannot demand that same amount again from the garnishee merely because the underlying decree or garnishee order is later set aside or reversed.
The protection is tied to payment made under the statutory notice or order. It should not be treated as a general release from liabilities unrelated to the amount paid or as authority to disregard competing claims before the court determines them.
How Rule 46F fits into garnishee proceedings
- Order XXI Rule 46: attachment of debts, shares and certain other property not in the judgment-debtor's possession.
- Rule 46A: notice to a garnishee to pay into court or show cause why payment should not be ordered.
- Rule 46B: orders against a garnishee who does not pay or appear as required.
- Rule 46C: trial of disputed questions concerning the garnishee's liability.
- Rules 46D and 46E: treatment of claims or interests asserted by third persons.
- Rule 46F: protection of payment as a valid discharge, even if a decree or order is subsequently reversed or set aside.
- Rules 46G to 46I: costs, appeals and application to negotiable instruments.
Practical example
Suppose a court directs a garnishee who owes Rs. 50,000 to a judgment-debtor to pay that amount towards an executable decree. If the garnishee makes the payment pursuant to the Rule 46A notice or a relevant order, Rule 46F protects the garnishee against a second claim for that Rs. 50,000 from the judgment-debtor or a third person ordered to appear in the garnishee proceedings, even if the decree or order is later reversed.
Statutory source and further reading
The provision forms part of Order XXI of the First Schedule to the Code of Civil Procedure, 1908. Read it alongside the Code of Civil Procedure, 1908 on India Code and the linked provisions below. The applicable text should also be checked against any relevant High Court amendments and procedural rules.
This article explains the general central CPC framework. The outcome in a particular execution proceeding depends on the court's orders and the facts of the case.