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.