1942 (2) TMI 21

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..... service he was. An order was made directing attachment and a copy of this order was served upon the Deccan Co-operative Bank, Ltd., but no copy of this order was affixed on some conspicuous part of the courthouse. The Deccan Co-operative Bank, Ltd. acknowledged the receipt of the copy of the order and sent a letter to the Court stating that they were complying with the order by withholding an amount of ₹ 62-8-0 on account of salary for the month of July 1936 due to Ramkrishna. Following this attachment, it appears that a decree was passed and the decree-holder Parsram on 1st May 1939, filed an application purporting to be under Order 21, Rule 46A, Civil P.C., asking that the garnishee should be called upon to deposit in Court the amo .....

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..... t, and Clause (2) of this rule provides that a copy of the order is to be affixed on some conspicuous part of the court-house, and another copy is to be sent to the debtor, in this case, the Deccan Co-operative Bank Ltd. Only one of the requirements of Clause (2) was complied with in the present instance. We think the point is concluded by the remarks of the Privy Council in Muthiah Chetti v. Palaniappa Chetti A.I.R. 1928 P.C. 139. That was a case of attachment of immovable property under Order 21, Rule 54, Civil P.C., but the provisions of Rule 54, in which Clause (1) provides for a prohibitory order and Clause (2) for the manner of its proclamation, are closely akin to the provisions of Rule 46. The Judicial Committee held that a mere ord .....

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..... f a Court from effecting attachment, and plainly indicating that the attachment itself is something separate from the mere order, and is something which is to be done and effected before attachment can be declared to have been accomplished. 3. If, then, there in no attachment when all the directions of Clause (2) of It. 46, Civil P.C., appropriate to the particular attachment are omitted, we cannot see that there is an attachment if some only of the provisions of Clause (2) are complied with while others are not. In the present case, no copy of the order was affixed on some conspicuous part of the courthouse, and, as this was not done, we think, it must be bold that attachment was not effected. We think, therefore, we must interfere in t .....

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