Garnishee Proceedings and the Bar on Raising Evidentiary Pleas in Civil Appeals

sketch of the Bombay High Court
Case
Manjira Properties Pvt Ltd v. Rahul Bajaj (Bombay High Court, 06-10-2026)
Law
Code of Civil Procedure.

Highlights of the Judgment:

  • Examination of garnishee jurisdiction and attachment of debts under Order XXI Rules 46, 46A, and 46C of the Code of Civil Procedure, 1908.
  • Analysis of whether disputed contractual claims and mobilization advances under an MOU can be summarily attached.
  • Application of evidentiary standards and the requirement for parties to lead evidence in summary trials of disputed questions.
  • Review of the legal principle that a party failing to offer evidence before the trial court cannot raise evidentiary pleas in appeal.
  • Interpretation of statutory provisions concerning the crystallization of debt and contractual forfeiture clauses.