SUSHILA DEVI Vs. MADAN MOHAN

JUDGEMENT

(1.) This is an appeal on behalf of the decree-holder. The decree-holder obtained a decree against Madan Mohan the judgment-debtor and got the decree executed. She prayed that a certain amount which had been deposited by the judgment-debtor in his Saving Bank Account at Agra Post-office be attached and the Postmaster be directed to pay the amount in Court for the satisfaction of her decree. The Postmaster showed cause and objected. He said that the amount that was lying with him in the judgment-debtor's account really stood pledged with the Chief Secretary ot the East Punjab Government and till it was released from the pledge the decree-holder could not be allowed to get it. The learned Civil Judge who was executing the decree then discharged the notice which he had issued under Order XXI, Rule 132 (sic) of the Civil Procedure Code saying

(2.) Rules in respect of garnishee orders have been framed by this Court and are to be found in Rules 131, to 140 of Order XXI of the C. P. C. Under Rule 131 if the decree-holder wants to proceed against a garnishee, a notice has to be issued to the garnishee requiring him to appear before the Court and show cause why he should not pay or deliver into Court the debt due from or the property deliverable by him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the cost of the execution. When the notice is served and the garnishee does not appear or does not show cause, under Rule 132 the Court may pass an order directing the garnishee to comply with the terms of the notice and on such an order execution may issue as though such an order was a decree against the garnishee. Rule 133 then provides:

(3.) The rules relating to garnishee orders are to be found in Order XXL That means that they relate to execution of decrees. Order XXI and the rules contained in it are therefore to be interpreted keeping in view Section 47 of the Civil Procedure Code.