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Home › Garnishee Proceedings
Procedure & Practice · Execution

Garnishee Orders in Execution: Attaching Debts and Bank Accounts under Order 21

When the judgment-debtor will not pay but is owed money by others — a bank, a customer, a tenant — execution can intercept those receivables at the source.

A money decree is only as good as its execution, and the most liquid asset most judgment-debtors have is not property — it is money owed to them by someone else: a bank balance, trade receivables, rent, deposits. Order 21 Rule 46 of the CPC allows attachment of debts not secured by a negotiable instrument, and Rules 46A to 46I supply the garnishee machinery: the court calls upon the judgment-debtor’s debtor (the garnishee) to pay into court what it owes, converting a third party’s liability into satisfaction of the decree.

The sequence, step by step

1 — Identify the receivable. Bank accounts (branch and account particulars help, though decree-holders can seek disclosure through the judgment-debtor’s examination under Order 21 Rule 41), trade debtors, rent, security deposits, amounts payable under contracts.
2 — Attachment under Rule 46. The court issues a prohibitory order: the debtor is restrained from recovering the debt, and the garnishee from paying it over. For a bank, this freezes the account to the extent of the decretal amount.
3 — Garnishee notice under Rule 46A. On the decree-holder’s application, the court issues notice to the garnishee to pay into court the debt due or so much as satisfies the decree, or appear and show cause why it should not.
4 — Admission, default or dispute. If the garnishee pays, Rule 46B order follows on default of appearance; payment discharges the garnishee (Rule 46F). If liability is disputed, Rule 46C sends the question to trial as an issue.
5 — Distribution. Money paid into court is applied to the decree; the order is appealable as a decree in the circumstances Rule 46H contemplates, and costs follow Rule 46G.

What can and cannot be attached

AttachableProtected / problematic
Credit balances in current and savings accountsExempt items under Section 60 CPC — including the protected portion of salary, pensions covered by statute, tools of artisans, and compulsory deposits
Fixed deposits (subject to their terms)Debts secured by negotiable instruments — these follow Rule 51’s separate route, not Rule 46
Trade receivables, rent, contractual dues presently owedPurely contingent or future sums that are not yet debts — the garnishee must actually owe a debt, not merely be a prospective payer
Amounts the garnishee admits holding for the debtorSums over which third parties claim their own rights — set-off, lien or prior assignment are classic garnishee defences tried under Rule 46C

Practical notes from execution practice

Banks act on precision. An order naming the bank, branch and account (or at least the debtor’s identifiers) is actioned fast; vague orders invite compliance queries. Where accounts are unknown, pair the garnishee application with the judgment-debtor’s examination on oath about assets.
Timing beats quantum. Receivables move. A prohibitory order served the week an invoice falls due catches money an order served a month later misses. Execution strategy is substantially a diary exercise.
The garnishee is not the enemy. A garnishee who pays under the court’s order is protected against the judgment-debtor; one who pays the debtor after service of the prohibitory order risks paying twice. Clear communication with the garnishee’s counsel often produces consent compliance without a contested hearing.

Where this fits among execution remedies

Garnishee relief sits alongside attachment and sale of movables and immovables, arrest and detention in the narrow circumstances Section 51 permits, and appointment of a receiver. Its advantage is speed and liquidity: no sale process, no auction discounts — money moves from the garnishee to the court to the decree-holder. For commercial decrees and arbitral awards against trading entities, it is usually the first tool worth reaching for, with disclosure examination filling the information gap. The same machinery serves maintenance and DV Act monetary orders when arrears are executed as money decrees, where salary garnishment through the employer is the standard course.

In Delhi, execution of money decrees proceeds before the District Courts or the High Court depending on where the decree was passed and its value, and commercial-suit decrees follow the same Order 21 machinery. The decree-holder’s application should compute the updated decretal amount with interest and costs, since the garnishee pays only what the order quantifies.

Frequently Asked Questions

What exactly is a garnishee?

A third party who owes money to the judgment-debtor — most commonly a bank holding the debtor's account, but equally a customer with unpaid invoices, a tenant paying rent, or an employer holding dues. The garnishee order requires that person to pay the debt into court instead of to the judgment-debtor.

Can the garnishee dispute liability?

Yes. Under Rule 46C, where the garnishee disputes liability, the court may order the issue to be tried as if it were an issue in a suit. If the garnishee admits or is held liable, payment into court discharges them to that extent against the judgment-debtor — the protection Rule 46F provides.

Which court issues the garnishee notice?

The executing court — the court that passed the decree or the court to which it is transferred for execution, including under Section 39 CPC where the garnishee or assets are elsewhere. For arbitral awards enforced as decrees under Section 36 of the Arbitration Act, the same execution machinery applies.

Is salary attachable in full?

No. Section 60 CPC lists properties exempt from attachment and caps attachment of salary: a protected portion is exempt, and the attachable portion is subject to the limits and the twenty-four month rule in the proviso. Maintenance decrees enjoy a more favourable regime than ordinary money decrees.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 1 October 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.