BANKING AFFAIRS

Detailed explanation-1: -The creditor at whose request the order is issued is called the judgement-creditor, the debtor whose money is frozen is called judgement-debtor and the banker who is the debtor of the judgement debtor is called the Garnishee.

Detailed explanation-2: -A garnishee order is an order passed by an executing court directing or ordering a garnishee not to pay money to judgment debtor since the latter is indebted to the Garnisher (decree-holder). It is an order of court to attach money or goods belonging to the judgment debtor in the hands of a third person.

Detailed explanation-3: -At the instance of the decree holder, an attachment before judgment was effected, of a certain sum of money, said to belonging to the judgment debtor which was in the hands of the appellant garnishee, by way of prohibitory order. The executing court, at no stage, issued any notice under O 21 R 46 to the garnishee.

Detailed explanation-4: -Garnisher is a judgment-creditor (decree-holder) who initiates a garnishment action to reach the debtor’s property that is thought to be held or owed by a third party. to protect the interest of the creditors.

Detailed explanation-5: -The word “Garnishee” means a person who is debtor to the judgment debtor or against whom a decree has been passed. He is a person on record in the court of law who is responsible or liable to pay the debts to the judgment debtor and liable to deliver the possession of any movable property.