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vamsi (Advocate)     13 March 2024

Order 21 rule 48(3) of cpc

in an execution application court directed that to take steps under order 21 rule 48(3) of civil procedure code, what are the steps that i have to take under the above said provision against the government officials.

facts: Garnishee did not attach the salary of JDR and EP is made absolute. I filed a petition that state is laible for the acts of the garnishee and i made disctrict collector as a party that he has to take steps against garnishee. but he also did not take any steps against the garnishee. how could i proceed under order 21 rule 48(3).please suggest me



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

Every order made under this rule, unless it is returned in accordance with the provisions of sub-rule (2) shall, without further notice or other process, bind the appropriate Government or the railway company or local authority or corporation or Government company, as the case may be, while the judgment-debtor is within the local limits to which this Code for the time being extends and while he is beyond those limits, if he is in receipt of any salary or allowances payable out of the Consolidated Fund of India or the consolidated Fund of the State or the funds of a railway company or local authority or corporation or Government Company in India; and the appropriate Government or the railway company or local authority or corporation or Government company, as the case may be, shall be liable for any sum paid in contravention of the rule.

You my file an applicaiton to send notice to the employer or comptetent authority through court 

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vamsi (Advocate)     14 March 2024

Thank you sir, I already sent a notice to the District Collector who is the representative of the state. but he received such notice and he did not appear. the court exparteed him. JDR is a govt. teacher. Garnishee is the MEO and after that court issued notices to DEO also. but no response. finally court ordered notices to the District Collector. what are the further steps to be taken now.?? please suggest me. Thank you once again.

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

The steps are to be initiated in accordance to the provisions prescribed in the law referred herein above 


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