Garnishee means a judgment-debtor’s debtor. He is a person who is liable either to pay debt to a judgment-debtor or account for any movable property not in the possession of the judgment-debtor.
The debt must be one other than a debt secured by a mortgage, a charge, a negotiable instrument, or a debt recovered only in a revenue court.
A garnishee order is an order which a court is authorized to make against a garnishee-judgment debtor’s requiring him to pay or deliver in court the amount due from or the property deliverable by him to the judgment-debtor or so much as may be sufficient to satisfy the decree and the cost of execution.
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ADVERTISEMENTS:
The court may in the case of debt (other than a debt secured by a mortgage or a charge) which has been attached under R. 46 (attachment of a debt, share and other property not in possession of the judgment-debtor), upon the application of the attaching creditor, issue notice to the garnishee liable to pay such debt, calling upon him either to pay into court the debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree and costs of execution, or to appear and show cause why he should not do so. The application shall be made on affidavit verifying the facts alleged and stating that in the belief of the deponent, the garnishee is indebted to the judgment-debtor.
Where the garnishee pays in the 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 the execution, the court may direct that the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution. (O. 21, R. 46-A).
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. (O. 21, R. 46-B).
ADVERTISEMENTS:
Where the garnishee disputes liability, the court may order that any Issue or question necessary for the determination of liability shall be tried as if it were an issue in a suit and upon the determination of such issue shall make such order or orders as it deems fit. (O. 21, R. 46-C).
