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.