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ARTICLE · 28 JANUARY 2015

A Glance On Provision Of – "Garnishee Order"

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The concept of ‘Garnishment’ has been introduced in civil procedure code by the amendment Act, 1976 and is a remarkable piece of legislation.

IndiaFinance and Banking

The concept of 'Garnishment' has been introduced in civil procedure code by the amendment Act, 1976 and is a remarkable piece of legislation. This term has been derived from the French word 'garnir' which means to warn or to prepare. In simple words the garnishee is the person who is liable to pay a debt to a debt to judgment debtor or to deliver any movable property to him. Besides Judgment Debtor and decree Holder, Garnishee is a third person in whose hands debt of the judgment debtor is kept.

Garnishee Order is an order passed by an executing court directing or ordering a garnishee not to pay money to judgment debtor since the latter is indebted to the garnisher (decree holder). It is an Order of the court to attach money or Goods belonging to the judgment debtor in the hands of a third person. The third party is known as 'Garnishee' and the court's order is known as Garnishee Order. It is a remedy available to the Decree holder. This Order may be made by the Order

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