Question

Who is garnishee

• A. A third party who is instructed by way of legal notice to surrender money to settle a debt or claim
• B. A borrower arrested for defaulting
• C. A person who cannot repay a bank loan
• D. A person who mortgaged his farm land

Hint:

Remember the 'three D's' in a garnishee order: Decree-holder, Debtor (Judgment-Debtor), and Debtor's Debtor (Garnishee). This helps clarify the relationships between the parties.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the definition of a "garnishee." This is a legal term used in civil procedure, particularly in the context of executing a court decree for money.

Step 2: Key Legal Provision:
The concept is dealt with under Order 21, Rule 46A of the Code of Civil Procedure, 1908, which deals with "Garnishee Order."

Step 3: Detailed Explanation:
A garnishee proceeding involves three parties: 1. Decree-holder (Creditor): The person who has won a money decree. 2. Judgment-debtor (Debtor): The person who owes money under the decree. 3. Garnishee: A third party who owes money to the judgment-debtor or holds money on their behalf (e.g., a bank where the debtor has an account, or an employer who owes salary to the debtor). A garnishee order is a court order that directs the garnishee not to pay the money to the judgment-debtor but to pay it directly to the decree-holder to satisfy the decree. Therefore, a garnishee is a third party (often a debtor's debtor) who is instructed by the court to pay the debt to the decree-holder. Option (A) correctly describes this role.
The other options describe a debtor or a borrower, not a garnishee.

Step 4: Final Answer:
A garnishee is a third party who is instructed by a legal notice or court order to surrender money they owe to a debtor, in order to settle the debtor's debt to a creditor.