Gurusamypillai V. Palaniappa Kangany Et Al.,

Present : Mr. Justice Wood Renton.

GURUSAMYPILLAI v. PALANIAPPA KANGANY et al.

Ex parte J. C. 'WIGGIN, Appellant.

C. R., Ration, 6,358.

Wages due to kangany-Attachment-Prohibitory notice-Debt due to estate-Set-off-Garnishee order-Rights of gamishor-Civil Procedure Code, ss. 229 (a) and 230.

    Held by WOOD RENTON J.-

    That the wages earned by a kangany which, by the custom of the estate, are being applied in payment of   debt due by the kangany to the estate, cannot be attached in execution at the instance of a third party. A garnishee order does not operate as a transfer of the debt which will make the garnishor creditor of the garnishee, but merely creates a lien in favour of the garnishor, which is subject to all prior equit able rights.

    THE plaintiff, having obtained judgment against the defendants for a sum of Rs. 81.82, issued a prohibitory notice under sub-section (a) of section 229 of the Civil Procedure Code on the appellant, the Superintendent of the estate, on which the first defendant was employed, prohibiting him from paying to the first defendant the head money due to him. The appellan

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