📘 CIVIL PROCEDURE CODE : ORDER XXI

TOPICS:

• Execution methods for decree for immovable property

• Attachment of debt, other property

• Who is a ‘garnishee’ and what is a garnishee order?

• Notice to garnishee

• Order against garnishee

• Payment by garnishee to be valid discharge

• Attachment of salary of Govt servant

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

⚙️ ORDER XXI EXECUTION OF DECREES AND ORDERS

Execution methods for decree for immovable property

Rule 35(1)

• Where a decree is for delivery of an immovable property

• possession thereof shall be delivered

– to the party to whom it has been adjudged

• Such possession shall be delivered

– if necessary by removing any person bound by the decree

– who refuses to vacate the property

Rule 35(2)

• Where a decree is for joint possession of immovable property

• such possession shall be delivered

– by affixing a copy of the warrant in some conspicuous place on the property and

– by proclaiming by beat of drum the substance of the decree

Rule 35(3)

• Where

– possession of any building or enclosure is to be delivered and

– the person in possession, being bound by the decree, does not afford free access

• the court through its officers

– may open any lock or bolt or

– may break open any door or

– may do any other act necessary for putting the decree holder in possession

When property in occupancy of tenant

Rule 36

• Where

– a decree is for delivery of an immovable property in occupancy of a tenant

• court shall order delivery to be made

– by affixing a copy of the warrant in some conspicuous place on the property and

– proclaiming to the occupant by beat of drum the substance of the decree

Attachment of debt, other property

Rule 46(1)

• In case of

– a debt not secured by a negotiable instrument

– other movable property not in possession of judgment debtor

• attachment shall be made by a written order

– prohibiting the debtor from making its payment: in case of a debt

– prohibiting the person in possession from giving it over to judgment debtor: in case of other movable property

Rule 46(2)

• A copy of such order

– shall be affixed on some conspicuous part of the court house and

• another copy shall be sent

– to the debtor: in case of a debt

– to the person in possession : in case of other movable property

Rule 46(3)

• A debtor so prohibited

– may pay the amount of his debt into the court

• Such payment shall discharge him

– as effectually as payment to the party entitled to receive the same

Notice to garnishee

Rule 46A(1)

• In case of

– a debt other than a debt secured by a mortgage

– which has been attached under rule 46

• court may issue notice

– to the garnishee liable to pay such debt

• calling upon him

– either to pay the debt into the court

– or to appear and show cause why he should not do so

Rule 46A(3)

• Where

– the garnishee pays in Court the amount due from him to the judgment debtor

• court may direct

– that the amount may be paid to the decree holder

DLA Note:

Question:

• Who is a ‘garnishee’ and what is a garnishee order?

Ans:

• A garnishee order: the court directs a third party that owes money to the judgement debtor to instead pay the decree holder.

• The third party is called a ‘garnishee’

Example:

• When an individual owes money but has for a source of income only a salary, a creditor might initiate Garnishment proceedings.

• If the creditor is successful, a certain portion of the debtor’s salary will be automatically sent to the creditor from each paycheck.

• In such case, the debtor’s employer is the garnishee.

• A garnish is an item or substance used as a decoration or embellishment accompanying a prepared food dish or drink. In many cases, it may give added or contrasting flavor.

Order against garnishee

Rule 46B

• Where

– garnishee does not forthwith pay into the court and

– does not appear and show cause in answer to the notice

• court may order the garnishee

– to comply with the terms of such notice

• On such order: execution may issue

– as though such order were a decree against him

Payment by garnishee to be valid discharge

Rule 46F

• Payment made by the garnishee

– shall be a valid discharge to him as against the judgement-debtor

• although

– the decree in execution of which application under rule 46A was made may be set aside or reversed

Attachment of salary of Govt servant

Rule 48

• Where the property to be attached

– is the salary or allowances

 of a servant of Govt or of a railway company or local authority or

 of a servant of a corporation engaged in trade or industry established by a Central or State Act or

 of a Govt company…

• Court may order

– that the amount shall be withheld from such salary or allowances subject to provisions of section 60

• whether

– judgment-debtor or disbursing officer is or is not within the Court’s jurisdiction

📘 Free Study Material for Judiciary Aspirants!

Download our FREE study material prepared by Delhi Law Academy’s expert faculty.

✅ Check Free Study Material

❓ Frequently Asked Questions – CPC Order XXI (Immovable Property & Garnishee)