ü When the plaintiff obtains a Decree, he is known as Decree Holder (DH);
ü The defendant is known as Judgment Debtor (JD);
ü The plaintiff DH may execute the decree against the defendant JD;
ü One of the modes of execution is by getting Garnishee Order;
ü A garnishee is a JD's Debtor à "person sought to be warned" (i.e) the banker;
ü Order restraining garnishee from parting with any monies due or accruing due to JD & order for appearance to show cause;
ü The Court may direct the GARNISHEE to pay the money under the decree to the DH;
ü The Garnishee shall be added as a party to the execution proceedings; He shall be given an opportunity for making his representation;
ü 2 types of Garnishee Order:
v Garnishee Order nisi – opportunity to the banker to prove that order could not be enforced;
v Garnishee Order absolute – attaches the account of customer straight away (no opportunity is given to banker).
That's all about Garnishee – a sure shot question in GCL & Banking.
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Vj
Trezrrr every pulsss
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