Rule 1 Order XVI of Code of Civil Procedure 1908 "List of witnesses and summons to witnesses"
(1) On or before such date as the Court may
appoint, and not later than fifteen days after the date on
which the issues are settled, the parties shall present in
Court a list of witnesses whom they propose to call either
to give evidence or to produce documents and obtain
summonses to such persons for their attendance in Court.
(2) A party desirous of obtaining any summons for the
attendance of any person shall file in Court an application
stating therein the purpose for which the witness is
proposed to be summoned.
(3) The Court may, for reasons to be recorded, permit a
party to call, whether by summoning through Court or
otherwise, any witness, other than those whose names appear
in the list referred to in sub-rule (1), if such party shows
sufficient cause for the omission to mention the name of
such witness in the said list.
(4) Subject to the provisions of sub-rule (2), summonses
referred to in this rule may be obtained by the parties on
an application to the Court or to such officer as may be
appointed by the Court in this behalf.
Rule 1A Order XVI of Code of Civil Procedure 1908 "Production of witnesses without summons"
A Subject to the provisions of sub-rule (3) of rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents.
Rule 2 Order XVI of Code of Civil Procedure 1908 "Expenses of witness to be paid into Court on applying for summons"
(1) The party applying for a summons shall, before the
summons is granted and within a period to be fixed, pay into
Court such a sum of money as appears to the Court to be
sufficient to defray the traveling and other expenses of the
person summoned in passing to and from the Court in which he
is required to attend, and for one day's attendance.
(2) Experts- In determining the amount payable under this
rule, the Court may, in the case of any person summoned to
give evidence as an expert, allow reasonable remuneration
for the time occupied both in giving evidence and in
performing any work of an expert character necessary for the
case.
(3) Scale of expenses- Where the Court is subordinate to a
High Court, regard shall be had, in fixing the scale of such
expenses, to any rules made in that behalf.
(4) Expenses to be directly paid to witnesses- Where the
summons is served directly by the party on a witness, the
expenses referred to in sub-rule (1) shall be paid to the
witness by the party or his agent.
Rule 3 Order XVI of Code of Civil Procedure 1908 "Tender
of expenses to witness"
The sum so paid into Court shall be tendered to the person
summoned, at the time of serving the summons, if it can be
served personally.
Rule 4 Order XVI of Code of Civil Procedure 1908 "Procedure where insufficient sum paid in"
(1) Where it appears to the Court or to such officer as it
appoints in this behalf that the sum paid into Court is not
sufficient to cover such expenses or reasonable
remuneration, the Court may direct such further sum to be
paid to the person summoned as appears to be necessary on
that account, and, in case of default in payment, may order
such sum to be levied by attachment and sale of the movable
property of the party obtaining the summons; or the Court
may discharge the person summoned without requiring him to
give evidence; or may both order such levy and discharge
such person as aforesaid.
(2) Expenses of witnesses detained more then one day- Where
it is necessary to detain the person summoned for a longer
period than one day, the Court may, from time to time, order
the party at whose instance he was summoned to pay into
Court such sum as is sufficient to defray the expenses of
his detention for such further period, and, in default of
such deposit being made, may order such sum to be levied by
attachment and sale of the removable property of such party;
or the Court may discharge the person summoned without
requiring him to give evidence; or may both order such levy
and discharge such person as aforesaid.
Rule 5 Order XVI of Code of Civil Procedure 1908 "Time, place and purpose of attendance to be specified in summons"
Every summons for the attendance of a person to give evidence or to produce a document shall specify the time and place at which he is required to attend, and also whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes; and any particular document, which the person summoned is called on to produce, shall be described in the summons with reasonable accuracy.
Rule 6 Order XVI of Code of Civil Procedure 1908 "Summons to produce document"
Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.
Rule 7 Order XVI of Code of Civil Procedure 1908 "Power to require persons present in Court to give evidence or produce document"
Any person present in Court may be required by the Court to give evidence or to produce any document then and there in his possession or power.
Rule 7A Order XVI of Code of Civil Procedure 1908 "Summons given to party for service"
(1) The Court may, on the application of any party for the
issue of a summons for the attendance of any person, permit
such party to effect service of such summons on such person
and shall, in such a case, deliver the summons to such party
for service.
(2) The service of such summons shall be effected by or on
behalf of such party by delivering or tendering to the
witness personally a copy thereof signed by the Judge or
such officer of the Court as he may appoint in this behalf
and sealed with the seal of the Court.
(3) The provisions of rules 16 and 18 of Order V shall apply
to a summons personally served under this rule as if the
person effecting service were a serving officer.
(4) If such summons, when tendered, is refused or if the
person served refuses to sign and acknowledgement of service
or for any reason such summons cannot be served personally,
the Court shall, on the application of the party, re-issue
such summons to be served by the Court in the same manner as
a summons to a defendant.
(5) Where a summons is served by a party under this rule,
the party shall not be required to pay the fees otherwise
chargeable for the service of summons.