Order 21 rule 48(3)
vamsi
(Querist) 14 March 2024
This query is : Resolved
what are the steps to be taken under order 21 rule 48(3).
garnishee did not attache the salary of JDR and EP is made absolute. even the garnishee did not attach the salary of JDR. show cause notice sent even though the garnishee did not attach. court ordered steps to be taken under order 21 rule 48(3). what are the steps in those aspect. please suggest.
T. Kalaiselvan, Advocate
(Expert) 14 March 2024
Under order XXI Rule 48 (3) CPC:
Failure to Remit Salary: In one of the cases [Antony, N. G. VS Little Flower Kuries & Enterprises Limited], it is mentioned that the disbursing officer defied the court's orders by deducting a lesser amount from the salary than what was ordered. The court held that the decree holder is not bound by such actions of the disbursing officer and is entitled to the benefit of the order passed by the executing court. The court also stated that the executing court would decide the steps to recover the balance amount as provided in sub-rule (3) of Rule 48.
Hence you may file a petition under the said provisions of law giving the details of the steps taken by you earlier have futile as the garnishee did not respond, hence the court should take action under the provisions now invoked.
Based on the data, it is evident that Order XXI Rule 48 allows for the attachment of salary in specific circumstances. The court has the authority to order attachment and determine the amount to be deducted. If the disbursing officer fails to comply with the court's order, the decree holder can seek further action from the executing court to recover the amount.
