Raj Kishore Prasad, J.

1. This appeal by the garnished arises out of a garnishee proceeding in which the objection of the appellant has been rejected.

2. In order to appreciate the points raised in the appeal It is necessary to set out briefly the relevant facts material for the decision of the present appeal :

3. The decree-holder-respondent, who is the widow of one Nadir Ali, obtained a decree on account of her dower debt against the heirs of her deceased husband Nadir Ali in a money suit brought by her against them. This decree was put into execution, and, the decretal amount was sought to be realised from the assets of Nadir Ali in the hands of his heirs.

4. Nadir Ali had a Fixed Deposit Account with the Imperial Bank of India at Gaya, to the tune of Rs. 6,090.00 in his name. During the pendency of the money suit brought by the decree-holder, in which the decree under execution was passed, the plaintiff-decree-holder respondent on 17-11-1949, made an application under Order 38, Rule 5 and Sec.151 of the Code of Civil Procedure, and prayed for issue of an attachment before judgment. On that application the trial Judge passed the following order :

"Issue notice to defenda