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Garnishee Proceedings (Order XXI Rules 46A to 46I CPC)

Civil Procedure & Litigation Mechanics

Definition

An execution process whereby the court issues a notice to a third party (the Garnishee) who holds money belonging to the judgment debtor or owes a debt to them, directing that third party to pay the debt directly into court toward the satisfaction of the decree.

Example

The decree holder in Delhi discovers that the judgment debtor has ₹20 lakh deposited in a fixed deposit with the State Bank of India; the executing court issues a Garnishee Order under Order XXI Rule 46A CPC directing SBI to pay the sum directly to the decree holder.