Order XXI Rule 46G CPC - Costs in Garnishee Proceedings
Order XXI Rule 46G of the Code of Civil Procedure, 1908 governs who bears the costs of an application under Rule 46A and proceedings arising from or incidental to that application. The rule gives the executing court discretion to decide costs in garnishee proceedings.
Order XXI Rule 46G - Statutory text
Costs. The costs of any application made under rule 46A and of any proceeding arising therefrom or incidental thereto shall be in the discretion of the Court.
Meaning and scope of Rule 46G CPC
Costs are litigation expenses that a court may direct a party to pay in connection with a proceeding. Discretion of the Court means the court determines whether costs should be awarded, by whom they should be paid and, subject to applicable law and rules, their amount.
A garnishee is a third person who owes money to a judgment-debtor, and whose debt may be reached through the execution process. A decree-holder is the person entitled to enforce a decree; a judgment-debtor is the person against whom a decree has been passed.
Rule 46G does not prescribe an automatic award of costs to either the decree-holder or garnishee. It covers the application under Rule 46A and proceedings that arise from, or are incidental to, that application. The court assesses the circumstances and applies any governing procedural rules or binding directions.
Related provisions governing garnishee proceedings
Order XXI Rule 46 addresses attachment of debts and certain other property not in the judgment-debtor's possession. Rule 46A permits notice to a garnishee concerning a debt due to the judgment-debtor. Rule 46B concerns orders against a garnishee, while Rule 46C provides for trial of disputed questions.
Rule 46D and Rule 46E address third-person claims or interests. Rule 46F concerns the effect of payment by a garnishee. Rule 46H deals with appeals, and Rule 46I concerns negotiable instruments.
Section 35 CPC is the general statutory provision concerning costs in civil proceedings. Rule 46G specifically addresses costs connected with garnishee applications under Rule 46A. The court must also consider applicable amendments, rules and case-specific orders.
Practical considerations for costs
When requesting or opposing costs, parties may identify the expenses actually incurred, the steps taken during the garnishee proceedings, whether a debt or liability was genuinely disputed, and any conduct that unnecessarily increased litigation expenses. These are matters for the court to evaluate, not fixed statutory conditions for awarding costs under Rule 46G.
For example, if a garnishee disputes liability and the executing court must determine the question, Rule 46G allows the court to decide costs of the connected proceedings. The outcome and allocation of costs depend on the facts, the court's order and applicable procedural law.
Official statutory reference
The governing enactment is the Code of Civil Procedure, 1908 (India Code). Consult the current text of the First Schedule, Order XXI, Rules 46A to 46I, and Section 35, together with any applicable state or High Court amendments.
This article explains the central CPC framework for general information. Court-specific rules and amendments may affect individual proceedings.