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The Code of Civil Procedure, 1908: page 166

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 166, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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terms, if any, with respect to the lien, charge or interest, as the case may be, of such third or other person
or persons as it may deem fit and proper.
     46F. Payment by garnishee to be valid discharge.—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.
    46G. Costs.—The costs of any application made under rule 46A and of any proceeding arising
there from or incidental thereto shall be in the discretion of the Court.
    46H. Appeals.—An order made under rule 46B, rule 46C or rule 46E shall be applicable as a decree.
    46-I. Application to negotiable instruments.—The provisions of rules 46A to 46H (both inclusive)
shall, so far as may be, apply in relation to negotiable instruments attached under rule 51 as they apply in
relation to debts.]
     47. Attachment of share in movables.—Where the property to be attached consists of the share or
interest of the judgment-debtor in movable property belonging to him and another as co-owners, the
attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share
or interest or charging it in any way.                                          e
                                                                        od
     48. Attachment of salary or allowances of servant of the Government or railway company or
local authority.—(1) Where the property to be attached is the salary or allowances of a 1[servant of the
                                                                 aC
Government] or of a servant of a railway company or local authority 2[or of a servant of a corporation
engaged in any trade or industry which is established by a Central, Provincial or State Act, or a
                                                            di
Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)] the Court,
                                                       In
whether the judgment-debtor or the disbursing officer is or is not within the local limits of the Court’s
jurisdiction, may order that the amount shall, subject to the provisions of section 60, be withheld from
such salary or allowances either in one payment or by monthly instalments as the Court may direct; and
upon notice of the order to such officer as 3[the appropriate Government may by notification in the
Official Gazette] appoint 4[in this behalf,—
        (a) where such salary or allowances are to be disbursed within the local limits to which this Code
   for the time being extends, the officer or other person whose duty it is to disburse the same shall
   withhold and remit to the Court the amount due under the order, or the monthly instalments, as the
   case may be;
        (b) where such salary or allowances are to be disbursed beyond the said limits, the officer or other
   person within those limits whose duty it is to instruct the disbursing authority regarding the amount of
   the salary or allowances to be disbursed shall remit to the Court the amount due under the order, or the
   monthly instalments, as the case may be, and shall direct the disbursing authority to reduce the
   aggregate of the amounts from time to time to be disbursed by the aggregate of the amounts from time
   to time remitted to the Court.]
    (2) Where the attachable proportion of such salary or allowances is already being withheld and
remitted to a Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed
by 5[the appropriate Government] in this behalf shall forthwith return the subsequent order to the Court
issuing it with a full statement of all the particulars of the existing attachment.


1. Subs. by Act 5 of 1943, s. 3, for “public officer”.
2. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
3. Subs. by Act 25 of 1942, s. 3 and the Second Sch., for “the Central Government or the Provincial Government may by
   notification in their Official Gazette”.
4. Subs. by Act 26 of 1939, s. 2, for certain words.
5. Subs. by Act 25 of 1942, s. 3, and the Second Sch. II, for “the Central Government or the Provincial Government, as the case
   may be”.

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