Jurisdiction

allurisivajiraju (Querist) 27 September 2008 This query is : Resolved
Respected Seniors,
In a civil case after obtaining decree the DHr attached the the amount which was pending in the hands of Garnishee which was belongs to the JDr.

After that the DHr filed a petition for sent for the attached amount to the Court. After receiving the Notices from the Court the Garnishee not sent the said amount to the Court. Eventhough there are 5 remainders sent the Court to the Garnishee to sent for the said amount to the Court.

Recently the DHr filed a Petition against Garnishee U/S 2 (b) of Contempt of Courts Act, before the Senior Civil Judge's Court since the matter was pending before the Senior Civil Judge's Court for willfull disobdience of the Order of the Court by the Garnishee.

But the said petition was returned with an aendorsement " this Court has no jurisdiction to try the Petitions under the provisions of the Contempt of Courts Act.

Now what is the remedy to the DHr. If any decisions for the jurisdiction of Senior Civil Judge to try the above said petition please refer the same.

Thanking You Sir.

Follow Query

Report Abuse

Srinivas.B.S.S.T (Expert) 27 September 2008
Sir, Order 21 Rule 41 Clause 3 of CPC reads as follows in case of disobedience of any order made under Sud Rule 2, the court making the order, or any court to which the proceeding is transferred, may direct the person disobeying the order to be detained in the civil prison for a term not exceeding three months unless before the expiry of such term the court directs his release.

The term "any other person" includes a garnishee.
Bivi Ammal Vs Union Bank AIR 1938 Mad 771

Order 21 rule 46 B. where the garnishee does not forthwith pay into the court the amount due from him to the J. Dr. or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show casue in answer to the otice, the court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.