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...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.