( 1 ) THIS special appeal is directed against a judgment of a learned single Judge of this Court dismissing a second appeal arising out of an execution proceeding. One Suraj Bhan had obtained a money decree against one Sardar Singh. The decree-holder sought execution of the decree by attachment of various properties, one of them being an amount alleged to be payable to the judgment-debtor Sardar Singh by the appellant, the British Transport Co. Ltd. Delhi. This amount was said to have been payable as being due in respect of hire of a bus which had been leased out to the appellant company at a rate of Rs. 8/- per diem on behalf of Sardar Singh and babu Singh, joint owners of the bus. It was further alleged that in the rent the share of Sardar singh and Babu Singh was half and half, so that the appellant company was liable to pay rent at the rate of Rs. 4/-per diem to Sardar Singh. The decree-holder sought execution of the decree by taking garnishee proceedings in respect of the share of the hire money due from the appellant company to Sardar Singh. The application for obtaining the garnishee order was presented on 1st of June, 1942, by the decree-holder in the Court of