The petitioner is the second defendant in O.S.No.294 of 1985 on the file of the Sub Court, Madurai who is only a garnishee. The first respondent filed the said suit for recovery of a sum of Rs. 17,555.28 from the second respondent herein. Pending the suit, the first respondent obtained an order of attachment of a sum of Rs.22,000 due to the second respondent herein, lying in the hands of the petitioner. In the garnishee application, notice was ordered to the petitioner. Since the petitioner did not represent, the order of attachment was made absolute on 28. 1986. Subsequently the petitioner was directed to deposit the amount in court by order dated 212. 1986 which was not complied with. Thereafter the suit was decreed and the first respondent filed E.P.No.80 of 1988 seeking a direction, directing the petitioner herein to deposit the decree amount from out of the attached amount, lying with the petitioner. The said petition was dismissed by the Executing Court on the ground that without an order of attachment under O.21, Rule 46, C.P.C. and without issuing notice under O.21, Rule 46-A of C.P.C. the petitioner herein cannot be directed to deposit the amount. The Executing C