1942 (2) TMI 21

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.... Deccan Co-operative Bank, Ltd. in whose service he was. An order was made directing attachment and a copy of this order was served upon the Deccan Co-operative Bank, Ltd., but no copy of this order was affixed on some conspicuous part of the courthouse. The Deccan Co-operative Bank, Ltd. acknowledged the receipt of the copy of the order and sent a letter to the Court stating that they were complying with the order by withholding an amount of ₹ 62-8-0 on account of salary for the month of July 1936 due to Ramkrishna. Following this attachment, it appears that a decree was passed and the decree-holder Parsram on 1st May 1939, filed an application purporting to be under Order 21, Rule 46A, Civil P.C., asking that the garnishee should be....

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....hereof until further order of the Court, and Clause (2) of this rule provides that a copy of the order is to be affixed on some conspicuous part of the court-house, and another copy is to be sent to the debtor, in this case, the Deccan Co-operative Bank Ltd. Only one of the requirements of Clause (2) was complied with in the present instance. We think the point is concluded by the remarks of the Privy Council in Muthiah Chetti v. Palaniappa Chetti A.I.R. 1928 P.C. 139. That was a case of attachment of immovable property under Order 21, Rule 54, Civil P.C., but the provisions of Rule 54, in which Clause (1) provides for a prohibitory order and Clause (2) for the manner of its proclamation, are closely akin to the provisions of Rule 46. The J....