Garnishee is a person who owes money to the judgment debtor and such debt payable by him to the judgment debtor is made the subject matter of attachment in execution proceedings. The court may after such attachment issue notice to the garnishee to deposit the debt amount in court instead of paying the same to the judgment debtor. If the amount payable by the garnishee to the judgment debtor exceeds the amount due under the decree, the garnishee may be required to deposit into court so much amount only as is sufficient to satisfy the decree. Such order can be made only after hearing the garnishee who is served a showcase notice as to why he should not be ordered to deposit the amount. For this purpose, the decree holder has to file an affidavit setting out the facts based on which the court may issue showcause notice to the garnishee. In case, the garnishee disputes the notice, the court shall hold a detailed enquiry to decide on the issues arising in the dispute. If some other person claims the amount payable by the garnishee or lien or a charge over it such issue shall also be decided by the court. If the amount attached in the hands of the garnishee is within the pecuniary jurisdiction of the court issuing the order all further proceedings relating to the enquiry and a direction to deposit the amount in court can be heard in the same court. If the amount attached exceeds the pecuniary limits of the court issuing the prohibitory order, the case should be transferred to the District Judge and all further proceedings relating to the garnishee shall be conducted in the court. Payment made by the garnishee in the court gives the garnishee a valid discharge for the amount payable by him to the judgment debtor.
[Ref.: Order 21 Rule 46 C.P.C. 1908.]