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The Code of Civil Procedure, 1908: page 165

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 165, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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          (b) a share in the capital of a corporation,
        (c) other movable property not in the possession of the judgment-debtor, except property
     deposited in, or in the custody of, any Court,
the attachment shall be made by a written order prohibiting,—
        (i) in the case of the debt, the credit or from recovering the debt and the debtor from making
     payment thereof until the further order of the Court;
         (ii) in the case of the share, the person in whose name the share may be standing from transferring
     the same or receiving any dividend thereon;
        (iii) in the case of the other movable property except as aforesaid, the person in possession of the
     same from giving it over to the judgment-debtor.
    (2) A copy of such order shall be affixed on some conspicuous part of the court-house, and another
copy shall be sent in the case of the debt, to the debtor; in the case of the share, to the proper officer of the
corporation, and, in the case of the other movable property (except as aforesaid), to the person in
possession of the same.
    (3) A debtor prohibited under clause (i) of sub-rule (1) may pay the amount of his debt into Court,
and such payment shall discharge him as effectually as payment to the party entitled to receive the same.
     1
                                                                            e
     [46A. Notice to garnishee.—(1) The Court may in the case of a debt (other than a debt secured by a
                                                                        od
mortgage or a charge) which has been attached under rule 46, 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
                                                                       aC
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.
                                                               di
     (2) An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating
                                                          In
that in the belief of the deponent, the garnishee is indebted to the judgment-debtor.
    (3) 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.
    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.
     46C. Trial of disputed questions.—Where the garnishee disputes liability, the Court may order that
any issue of question necessary for the determination of liability shall be tried as if it where an issue in a
suit, and upon the determination of such issue shall make such order or orders as it deems fit:
    Provided that if the debt in respect of which the application under rule 46A is made is in respect of a
sum of money beyond the pecuniary jurisdiction of the Court, the Court shall send the execution case to
the Court of the District Judge to which the said Court is subordinate, and thereupon the Court of the
District Judge or any other competent Court to which it may be transferred by the District Judge shall deal
with it in the same manner as if the case had been originally instituted in that Court.
    46D. Procedure where debt belongs to third person.—Where it is suggested or appears to be
probable that the debt belongs to some third person, or that any third person has a lien or charge on, or
other interest in such debt, the Court may order such third person to appear and state the nature and
particulars of his claim, if any, to such debt and prove the same.
    46E. Order as regards third person.—After hearing such third person and any person or persons who
may subsequently be ordered to appear, or where such third or other person or persons do not appear when so
ordered, the Court may make such order as is hereinbefore provided, or such other order or orders upon such

1. Ss. 46A to 46-I ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).

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