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Indian Courts: Power to Issue Garnishee – CPC 1908

February 15, 2021

The word ‘Garnish’ is derived from an old French word ‘garnir’ which means to warn or to prepare. It is to serve an heir with notice i.e. to warn ofcertain debts that must be paid before the person is entitled to receiveproperty as an heir.

Garnishee means a judgment-debtor’s debtor. He is a person orinstitution that is indebted to another whose property has been subject togarnishment. He is a person who is liable to pay a debt to a judgment debtoror to deliver any movable property to him. A third person or party in whosehands money is attached by process of court; so called, because he hadgarnishment or warning, not to pay the money to the defendant, but toappear and answer to the plaintiff creditor’s suit.

Garnisher is a judgment-creditor (decree-holder) who initiates agarnishment action to reach the debtor’s property that is thought to be heldor owed by a third party.

Author:
Dr. Ram Niwas Sharma, Associate Professor, Unitedworld School of Law (UWSL)

Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.

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