Rule 46 of CPC : Rule 46: Attachment of debt, share and other property not in possession of judgment-debtor.

Explanation using Example

Example 1:

Rajesh has won a court case against Suresh, and the court has ordered Suresh to pay Rajesh ₹5,00,000. However, Suresh does not have the money in his bank account to pay Rajesh. Rajesh finds out that Suresh is owed ₹3,00,000 by his friend Ramesh. Rajesh approaches the court to attach this debt.

The court issues a written order prohibiting Ramesh from paying the ₹3,00,000 to Suresh and prohibiting Suresh from recovering this debt from Ramesh until further orders. The court also sends a copy of this order to Ramesh and affixes another copy on a conspicuous part of the court-house.

Ramesh, now prohibited from paying Suresh, decides to pay the ₹3,00,000 into the court. This payment discharges Ramesh from his debt to Suresh, and the court can then use this money to satisfy part of the decree in favor of Rajesh.

Example 2:

Meena has a court decree against her former business partner, Anil, for ₹10,00,000. Anil does not have sufficient funds in his bank account, but Meena discovers that Anil owns shares worth ₹4,00,000 in a corporation.

Meena requests the court to attach Anil's shares. The court issues a written order prohibiting the corporation from transferring Anil's shares or paying any dividends on these shares to Anil until further orders. The court sends a copy of this order to the corporation and affixes another copy on a conspicuous part of the court-house.

The corporation, now prohibited from transferring the shares or paying dividends to Anil, complies with the court's order. This ensures that Anil cannot benefit from these shares until the court decides how to use them to satisfy Meena's decree.

Example 3:

Vikram has a court decree against his tenant, Ravi, for ₹2,00,000. Ravi does not have the money to pay Vikram, but Vikram knows that Ravi has a valuable painting worth ₹1,50,000 stored with an art gallery.

Vikram requests the court to attach the painting. The court issues a written order prohibiting the art gallery from handing over the painting to Ravi until further orders. The court sends a copy of this order to the art gallery and affixes another copy on a conspicuous part of the court-house.

The art gallery, now prohibited from giving the painting to Ravi, complies with the court's order. This ensures that Ravi cannot access the painting until the court decides how to use it to satisfy Vikram's decree.