Correct option is A
Statement 1: "The expression 'decree' includes a final order"
This statement is correct.
As per Section 2(2) of the Code of Civil Procedure (CPC), 1908, the term "decree" refers to the formal expression of an adjudication that conclusively determines the rights of the parties in relation to any matter in controversy in the suit. A decree can be preliminary or final:
· A preliminary decree does not completely resolve the suit but resolves some issues.
· A final decree conclusively decides the entire matter in dispute.
Therefore, the expression "decree" does include a final order in the context of the suit.
Statement 2: "Garnishee is a person who is liable to pay a debt to a decree-holder or to deliver any movable property to him"
This statement is incorrect.
A garnishee is a third party who holds money or property that is owed to the judgment debtor. Under Order 21, Rule 46 of the CPC, the garnishee is someone who owes a debt to the judgment debtor, not to the decree-holder. The decree-holder, through garnishment proceedings, can require the garnishee to pay the debt or deliver the property directly to them to satisfy the decree.
