Question

An order issued by court under Civil Procedure Code 1908 as per order XXI, rule 46, for recovery of amount due to judgment creditor – is known as:

• A. IT Order
• B. Garnishee Order
• C. Decree Holder order
• D. Bank Order

Hint:

A Garnishee Order is issued to attach the debtor's property or funds in the hands of a third party to satisfy the debt.

Answer 1

The Correct Option is B

Step 1: Understanding Garnishee Order.
A Garnishee Order is an order issued by the court to a third party (such as a bank) to attach funds or property in the possession of the third party that belong to the judgment debtor, in order to satisfy the judgment debt. This is specifically addressed in order XXI, rule 46 of the Civil Procedure Code.
Step 2: Explanation of the options.
- (a) IT Order: This is incorrect, as it refers to income tax-related orders and is not relevant here.
- (b) Garnishee Order: This is the correct answer, as it directly addresses the recovery of amounts by attaching funds.
- (c) Decree Holder order: This is incorrect. A decree holder may request a garnishee order, but the order itself is not called this.
- (d) Bank Order: This is incorrect, as a "Bank Order" is not a specific legal term related to this context.
Step 3: Conclusion.
Thus, the correct answer is (b) Garnishee Order.