Rule 46E of CPC : Rule 46E: Order as regards third person.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh has a court decree against Suresh for a sum of ₹5,00,000. Suresh owes this amount to Ramesh but has not paid it. Ramesh finds out that Suresh has lent ₹2,00,000 to his friend, Mahesh, and Mahesh is supposed to repay this amount to Suresh.
Application of Rule 46E:
- Ramesh approaches the court to execute the decree and requests the court to order Mahesh to pay the ₹2,00,000 directly to him instead of Suresh.
- The court issues a notice to Mahesh to appear and explain his position regarding the debt he owes to Suresh.
- Mahesh appears in court and confirms that he indeed owes ₹2,00,000 to Suresh.
- The court, after hearing Mahesh and considering the circumstances, orders Mahesh to pay the ₹2,00,000 directly to Ramesh. This order is made considering the lien or interest Ramesh has in recovering his money from Suresh.
Example 2:
Scenario: Priya has a court decree against her former business partner, Anil, for ₹10,00,000. Anil has not paid the amount. Priya discovers that Anil has a fixed depo...
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