[Rules 60 to 63 omitted by the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976)] HIGH COURT AMENDMENT of Rule 60 (Old) ORISSA.- Deleted. (14.5.1984). PATNA.- Substituted the following for Rule 60: “60. Where upon the said investigation the Court is satisfied that for the reasons stated in the claim or objection such property was not, at the date of the decree, or when attached, as the case may be, in the possession of the judgment-debtor or of some person in trust for him, or in the occupancy of a tenant or other person paying rent to him or that, being in the possession of the judgment-debtor at such time, it was so in his possession, not on his own account or as his own property, but on account of or in trust for some other person, or party on his own account and partly on account of some other person, the Court shall make an order releasing the property wholly or to such extent, as it thinks fit, from the execution proceedings or from attachment. Where the property has been sold, such order shall have the effect of setting aside the sale and if it has been purchased by a third party in good faith, the Court may make such order for his compensation by the decree-holder or objector, to an extent not exceeding 12-1/2 per cent of the purchase price, as it thinks fit.”
HIGH COURT AMENDMENTS of Rule 61 (Old)
ORISSA.- Deleted. (14.5.1984). PATNA.- Substitute the following for Rule 61: “61. Where the Court is satisfied that the property was, at the time of the decree, or of the attachment, as the case may be, in the possession of the judgment-debtor as his own property and not on account of any other person, or was in the possession of some other person in trust for him or in the occupancy of a tenant or other person paying rent to him, the Court shall disallow the claim.” (8.10.1937).
HIGH COURT AMENDMENTS
Rule 63-A CALCUTTA (ANDAMAN AND NICOBAR ISLANDS).- Add the following as Rule 63A: “63-A. When an attachment of moveable property ceases, the Court may order the restoration of the attachment property to the person in whose possession it was before the attachment.” (3.11.1933). GAUHATI (ASSAM, NAGALAND, MEGHALAYA, MANIPUR AND TRIPURA).- Same as that of Calcutta see Assam 1-ligh Court Order, 1948, Clause 6 and Act 27 of 1962, Sections 13 and 15 (w.e.f. 1.12.1963). Act 81 of 1971, Section 28(1) (21.1.1972). Rules 63-A to 63-H ORISSA.- Deleted. (14.5.1984). PATNA.- Add the following heading and Rules 63-A to 63-H. “GARNISHEE ORDERS 63-A. Where a debt (other than a debt secured by a mortgagor a debt recoverable only in a Revenue Court or a debt the amount of which exceeds the pecuniary jurisdiction of the Court) has been attached under Rule 46 and the debtor prohibited under Clause (i) of sub-rule (1) of Rule 46 (hereinafter called the garnishee) does not pay the amount of the debt into Court in accordance with Rule 46, sub-rule (3), the Court, on the application of the decree-holder, may order a notice to issue calling upon the garnishee to appear before the Court and show cause why he should not pay into Court the debt due from him to the judgment-debtor. A copy of such notice shall, unless otherwise ordered by the Court, be served on the judgment-debtor. 63-B. (1) If the garnishee does not pay into Court the amount of the debt due from him to the judgment- debtor, and if he does not appear in answer to the notice issued under Rule 63-A, or does not dispute his liability to pay such debt to the judgment-debtor, then the Court may order the garnishee to comply with the terms of such notice, and on such order execution may issue against the garnishee as though such order were a decree against him.
(2) If the garnishee appears to answer to the notice issued under Rule 63-A, and disputes his liability to pay the debt attached, the Court, instead of making an order as aforesaid, may order that any issue or question necessary for determining his liability be tried as though it were an issue in a suit and may proceed to determine such issue, and upon the determination of such issue shall pass such order upon the notice as shall be just. 63-C. Whenever in any proceedings under the foregoing rules it is alleged by the garnishee that the debt attached belongs to some third person, or that any third person has a lien or charge upon or interest in it, the Court may order such third person to appear and state the nature and particulars of his claim, if any, upon such debt, and prove the same, if necessary. 63-D. After hearing such third person and any other person who may subsequently to he ordered to appear. or in the case of such third or other person not appearing as ordered, the Court may pass such order as is provided in the foregoing rules, or make such other order as the Court shall think fit, upon such terms in all cases with respect to the lien, charge or interest, if any, of such third or other person as shall seem just and reasonable. 63-E. Payment made by, or levied by execution upon the garnishee in accordance with any order made under these rules shall be a valid discharge to him as against the judgment-debtor, and any other person ordered to appear under these rules, for the amount paid or lived although such order or the judgment may be set aside or reversed. 63-F. The Costs of any application for the attachment of a debt under the foregoing rules and of any proceedings arising from or incidental to such application shall be in the discretion of the Court. Costs awarded to the decree-holder shall, unless otherwise directed, be retained out of the money recovered by him under the garnishee order and in priority to the amount of his decree. 63-G. Out of the amount recovered under the garnishee order the Court shall deduct a sum equal to the Court fee payable under the Indian Court Fees Act on a plaint in a suit for recovery of the money and credit the same to the Government. 63-H. (1) Where the liability of any garnishee has been tried and determined under these rules the order shall have the same force and the subject to the same condition as to appeals or otherwise as if were a decree. (2) Orders not covered by clause (1) shall be appealable as orders made in execution.”
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