ORDER XVI SUMMONING AND ATTENDANCE OF WITNESSES - RULE 8, 9, 10, 11, 12, 13, 14 OF CODE OF CIVIL PROCEDURE 1908

Summons how served? What is the Time for serving summons? What is the Procedure whose witness fails to comply with summons? What is the meaning If witness appears attachment may be withdrawn? What is the Procedure if witness fails to appear? What is the Mode of attachment? What is the meaning of Court may of its own accord summon as witnesses strangers to suit? Rule 8, 9, 10, 11, 12, 13 and 14 of Order XVI of Code of Civil Procedure 1908

Summons how served, Time for serving summons, Procedure whose witness fails to comply with summons, If witness appears attachment may be withdrawn, Procedure if witness fails to appear, Mode of attachment and Court may of its own accord summon as witnesses strangers to suit are defined under Rule 8, 9, 10, 11, 12, 13 and 14 of Order XVI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 8 Order XVI of Code of Civil Procedure 1908 "Summons how served"

Every summons under this Order, not being a summons delivered to a party for service under rule 7A, shall be served as nearly as may be in the same manner as a summons to a defendant and the rules in Order V as to proof of service shall apply in the case of all summonses served under this rule.

 

Rule 9 Order XVI of Code of Civil Procedure 1908 "Time for serving summons"

Service shall in all cases be made a sufficient time before the time specified in the summons for the attendance of the person summoned, to allow him a reasonable time for preparation and for traveling to the place at which his attendance is required.

 

Rule 10 Order XVI of Code of Civil Procedure 1908 " Procedure whose witness fails to comply with summons"

(1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the Court-

(a) shall, if the certificate of the serving officer has not been verified by affidavit, or if service of the summons has been effected by a party or his agent, or

(b) may, if the certificate of the serving officer has been so verified,

examine on oath the serving officer or the party or his agent, as the case may be, who has effected service, or cause him to be so examined by any Court, touching the service or non-service of the summons.

(2) Where the Court sees reason to believe that such evidence or production is material, and that such person has, without lawful excuse, failed to attend or to produce the document in compliance with such summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give evidence or to produce the document at a time and place to be named therein; and a copy of such proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily resides.

(3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the Court may, in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which. may be imposed under rule 12 :

Provided that no Court of Small Causes shall make an order for the attachment of immovable property.

 

Rule 11 Order XVI of Code of Civil Procedure 1908 "If witness appears attachment may be withdrawn"
Where, at any time after the attachment of his property, such person appears and satisfies the Court,-

(a) that he did, not, without lawful excuse, fail to comply with the summons or intentionally avoid service, and

(b) where he has failed to attend at the time and place named in a proclamation issued under the last preceding rule, that he had no notice of such proclamation in time to attend,

the Court shall direct that the property be released from attachment, and shall make such order as to the costs of the attachment as it thinks fit.

 

Rule 12 Order XVI of Code of Civil Procedure 1908 "Procedure if witness fails to appear"

(1) The Court may, where such person does not appear, or appears but fails so to satisfy the Court, impose upon him such fine not exceeding five hundred rupees as it thinks fit, having regard to his condition in life and all the circumstances of the case, and may order his property, or any part thereof, to the attached and sold or, if already attached under rule 10, to be sold for the purpose of satisfying all costs of such attachment, together with the amount of the said fine, if any :

Provided that, if the person whose attendance is required pays into Court the costs and fine aforesaid, the Court shall order the property to be released from attachment.

(2) Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of rule 10, nor issued a warrant nor ordered attachment under sub-rule (3) of that rule, the Court may impose fine under sub-rule (1) of this rule after giving notice to such person to show cause why the fine should not be imposed.

 

Rule 13 Order XVI of Code of Civil Procedure 1908 "Mode of attachment"

The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as if the person whose property is so attached were a judgment-debtor.

 

Rule 14 Order XVI of Code of Civil Procedure 1908 "Court may of its own accord summon as witnesses strangers to suit"

Subject to the provisions of this Code as to attendance and appearance and to any law for the time being in force, where the Court at any time thinks it necessary to examine any person, including a party to the suit and not called as a witness by a party to the suit, the Court may, of its own motion, cause such person to be summoned as a witness to give evidence, or to produce any document in his possession on a day to be appointed, and may examine him as a witness or require him to produce such document.