TOPIC – ANALYTICAL STUDY OF GARNISHEE ORDER WITH

RESPECTIVE CASE LAWS IN INDIA

CIVIL PROCEDURE CODE - II
INTERIM SUBMISSION TUTORIAL 1, SEM 8
Submitted by-
MOHAMMAD ARSHAD SHAREEF
16010324344 DIV-D
Batch 2016-2021
SYMBIOSIS LAW SCHOOL, HYDERABAD
SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE

In
January 2020

Under the guidance of

Dr. Anuradha Binnuri
 INTRODUCTION

GARNISHEE ORDER

Garnishee Order was inserted in Code of Civil Procedure (Amendment) Act, 1976. Rules 46-
A to 46-I of Order 21 lays down the procedure for garnishee cases.

When a judgement is passed there will be a judgement debtor (against whom a decree is passed)
and decree holder (in whose favour an order is passed). To understand what a garnishee order
is we need to know about garnishee proceeding, in this proceeding the decree holder seeks to
reach the money or property of the judgement debtor in the hands of the third party.

Garnishee means he is a person who is liable to pay a debt or to deliver an immovable property
to the judgement debtor. Garnishor is a judgement debtor who initiates a garnishee proceeding
to claim the judgement debtor’s money in the hand of a third part. So basically a “garnishee
order” is an order passed by the court ordering a garnishee not to pay money to the judgement
debtor because he is in debt to the garnisher.

SCOPE OF STUDY

This research paper will focus on the Garnishee orders and the reasons for them to be inserted
in the 1976 amendment and the case laws of the Indian Courts would be refereed to know how
the court interprets these orders. As well as the Rules 46-A to 46-I will be elaborated briefly.

SIGNIFANCE OF THE STUDY

This study focuses on the effect or role of the judgement debtor in the garnishee proceedings
because it is the garnishor and the garnishee who actively participates in this proceeding. So
this paper talks about the judgement debtor’s position in garnishee proceedings. There was an
issue regarding the judgement debtor’s position in the garnishee proceedings in Nigeria and a
slight overview would be taken.
 RESEARCH METHODOLOGY

Doctrinal legal methodology will be used for carrying out this research. Analytical method will
be used to identify how the rules are and to evaluate its efficiency. Comparative method will
be used to determine how effective the Garnishee orders have been since it were enacted.

CONCLUSION

Different case laws will be studied and the analysis of the Garnishee order would be made
and it will be discussed what was the reason for inserting these proceedings under the 1976th
amendment and how effective the Garnishee proceedings have been till date.