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CPC Order XXI Rule 46

1 articleLatest March 2026
CPC Order XXI Rule 46 | No Garnishee Attachment Without Subsisting Debt : Bombay HC Rejects Post-Decree Write-Off
Case Law Analysis
|Bombay High Court

CPC Order XXI Rule 46 | No Garnishee Attachment Without Subsisting Debt : Bombay HC Rejects Post-Decree Write-Off

Bombay High Court rules that garnishee proceedings under CPC Order XXI Rule 46 require a subsisting debt at the time of attachment. A debt written off before the decree cannot be attached, even if the write-off was strategically timed to defeat execution. The ruling clarifies that judgment creditors must prove the debt's existence at the execution stage, not merely at the time of loan advancement.