Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court
2 years, 3 months ago

Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court

Live Law  

The Supreme Court observed that an Execution Court should attach the debt under Order XXI Rule 46 CPC before proceeding against garnishee under Order XXI Rule 46A of Code of Civil Procedure can be In this case, the Bhagyoday Cooperative Bank granted a financial facility to a firm Vimal Traders. In these proceedings, an application under Order XXI Rule 46A was passed requesting the Court to proceed against Garnishee and this came to be allowed. Case Details Bhagyoday Cooperative Bank Ltd. vs Ravindra Balkrishna Patel | 2022 LiveLaw 1020 | CA 8531-8532 OF 2022 | 16 Nov 2022 | Justices KM Joseph and Hrishikesh Roy Headnotes Code of Civil Procedure, 1908 ; Order XXI Rules 46,46A - Execution Court should have first attached the debt under Order 21 Rule 46 before proceeding to pass the order under Order 21 Rule 46A- Order 21 Rule 46A in the case of debt must be understood as a debt spoken of in Order 21 Rule 46 of CPC and the debt must have been attached under Order 21 Rule 46 - Order 21 Rule 46A excepts, debt secured by a mortgage or a charge. Code of Civil Procedure, 1908 ; Order XXI Rules 46,46A - The exception is in regard to 'such other property' which though not in the possession of the judgment debtor, is property deposited or is in the custody of any Court - In regard to such property Order 21 Rule 46 and therefore Order 21 Rule 46A will not apply.

Supreme Court Court Civil Procedure Debt Order Cpc Para Rule This Case Execution Decree Proceeding Order 21 Rule Order Xxi Rule Order 21 Rule 46 Order Xxi Xxi Execution Court Order Xxi Rule 46A 46 46A 46 Cpc Xxi Rule Order 21 Rule 46A Garnishee  court  proceeding  decree  garnishee  21  cpc  order  supreme  execution  46  46a  rule  xxi  debt

History of this topic

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
2 weeks ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property. The Court clarified that while applications under Section 47 …

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
2 weeks ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property.The Court clarified that while applications under Section 47 of …

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court
2 years, 6 months ago

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court

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The Jammu and Kashmir and Ladakh High Court on Wednesday observed that a compromise deed is essentially a contract between the parties superimposed by the decree of the Court and such a decree can be avoided only by approaching the same Court and demonstrating before it that the compromise on the basis of which decree is passed is not lawful. …

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court
3 years ago

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder. The court noted the scheme of Order XXI Rule 34 as follows: -If the judgment debtor neglects or refuses to …

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court
3 years, 5 months ago

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court

Live Law  

The Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, removed the distinction between an assignment pre-the decree and an assignment post the decree.Thus, the court observed that there is no bar under Order XXI Rule 16 against assignee who acquired rights prior to decree from making an application to execute the …

Inherent Powers U/s 482 CrPC To Quash Interlocutory Orders Can Be Invoked Only In Exceptional Cases: SC [Read Judgment]
5 years, 5 months ago

Inherent Powers U/s 482 CrPC To Quash Interlocutory Orders Can Be Invoked Only In Exceptional Cases: SC [Read Judgment]

Live Law  

The Supreme Court has observed that High Court may exercise its inherent powers under Section 482 of the Code of Criminal Procedure to set aside an interlocutory order, notwithstanding the bar under Section 397.This can only be done in exceptional cases, for example, where a criminal proceeding has been initiated illegally, vexatiously or without jurisdiction, the bench comprising. The Supreme …

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