Law:

Section: 60, 64

P L D 1956 (W. P.) Karachi 321           Civil Procedure Code (V of 1908), Ss. 60, 64-Defendant's current account in Bank attached before judgment-Bank paying out the amount to judgment debtor on a letter from the Court Nazir found later to be forged-Bank liable to make good the amount to decree-holder.   A sum of Rs 1,00,000 lying in the current account of the defendant with the garnishee Bank was attached before judgment. The Bank however, paid out the amount to the defendant, on receiving a letter purporting to proceed from the Court Nazir that the attachment had been raised on the defendant's executing a security bond, which letter was later found to be forged.   Held, that the Bank was liable to the decree-holder for the amount attached.   Further : that service of a garnishee order nisi con stituted by operation of law, a sufficient demand on the Bank ;   that current account credit balance constitutes a debt within meaning of section 60 C. P. C. although no demand no of payment has been made.   That the payment to defendant-judgment-debtor was void under section 64 C. P. C. That, whether the Banker acted in good faith was   Rogers v. Whitelay 1892 A C 118, Joachinson v. Swiss Bank Corporation (1921) 3 K B 110, (1908) 124 L T J O 569, Smith v. Union Bank of London 1875 L R 10 Q B 295 and 14 L J Eq. 1845 Ex-parte Joliffee 134 ref.     ORDER   MUHAMMAD BACHAL, J.----On 2nd August 1950, the defendant opened current account with the Lloyds Bank, Karachi, hereinafter referred to as the Bank, with a deposit of Rs. 1,00,000 in the name of Ismail Adtiyanwala. On 14th July 1951, the Bank received from the Court an order under Order XXXVIII rule 5 Civil -P. C. stopping operation of the account of Sulleman Ahmad alias Ismail Ahmad defendant. On 27th August 1951, a consent order was passed by the Court in the suit to the effect that if the defendant gives security to the satisfaction of the Nazir for the amount of money attached in the Lloyds Bank the prohibitory order will stand discharged. On 8th January 1952 an order under section 151 Civil P. C. was received by the Bank restraining them…