Order XVI CPC - Summoning and Attendance of Witnesses

Rule 1 - 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 within five days of presenting the list of witnesses under sub-rule (1).

Rule 1A - Production of witnesses without summons

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 - 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, which shall not be later than seven days from the date of making the application under sub-rule (4) of Rule 1, pay into Court such sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which the person 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 the party's agent.

Rule 3 - Tender of expenses to witness

The sum 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 - 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 necessary. In case of default in payment, the Court may order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons; or it may discharge the person summoned without requiring that person to give evidence; or it may both order such levy and discharge the person.

(2) Expenses of witnesses detained more than one day. Where it is necessary to detain the person summoned for longer than one day, the Court may from time to time order the party at whose instance the person was summoned to pay into Court such sum as is sufficient to defray the expenses of detention for the further period. In default of deposit, the Court may order the amount to be levied by attachment and sale of the movable property of that party, discharge the person summoned without requiring evidence, or both.

Rule 5 - 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 the person is required to attend, and whether attendance is required for giving evidence, producing a document, or both. Any particular document called for shall be described in the summons with reasonable accuracy.

Rule 6 - Summons to produce document

Any person may be summoned to produce a document without being summoned to give evidence. A person summoned merely to produce a document is deemed to have complied with the summons if the person causes the document to be produced instead of attending personally to produce it.

Rule 7 - 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 that person's possession or power.

Rule 7A - Summons given to party for service

(1) The Court may, on the application of any party for issue of a summons for the attendance of any person, permit that party to effect service of the summons and shall, in such a case, deliver the summons to the party for service.

(2) Service shall be effected by or on behalf of the party by delivering or tendering personally to the witness a copy signed by the Judge or such officer of the Court as may be appointed in this behalf and sealed with the seal of the Court.

(3) Rules 16 and 18 of Order V apply to a summons personally served under this rule as if the person effecting service were a serving officer.

(4) If the summons is refused when tendered, if the person served refuses to sign an acknowledgment of service, or if for any reason personal service cannot be effected, the Court shall, on the application of the party, re-issue the summons for service 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 is not required to pay the fees otherwise chargeable for service of summons.