Order 16, rule 1 of Civil Procedure Rules : Summons to attend to give evidence or produce documents
At any time before the trial conference under Order 11 the parties may obtain, on application to the court or to such officer as it appoints in this behalf, summonses to persons whose attendance is required either to give evidence or to produce documents.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Order 16, rule 2 - Expenses of witnesses 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 sum of money as appears to the court to be sufficient to defray the...
- Order 16, rule 3 - Tender of expenses or notification of sum lodged
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; or if the court so directs the person summoned may be notified...
- Order 16, rule 4 - Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day
(1) Where it appears to the court or to such officer as it appoints in this behalf that the sum so paid into court is not sufficient to cover such expenses or reasonable remuneration, the court may...
- Order 16, 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 he is required to attend, and whether his attendance is required for...
- Order 16, rule 6 - Summons to produce documents
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...
- Order 16, 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 there and then in his possession or power
- Order 16, rule 8 - Summons, how served
Every summons under this Order shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order 5 as to proof of service shall apply in the case of all...
- Order 16, rule 9 - Time for serving summons
(1) Service shall in all cases be made within 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...
- Order 16, rule 10 - Procedure where 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...
- Order 16, rule 11 - 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...
- Order 16, rule 12 - Procedure if witness fails to appear
The court may, where such person does not appear, or appears but fails so to satisfy the court, impose upon him such fine as it thinks fit, having regard to his condition in life and all the...
- Order 16, rule 13 - 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...
- Order 16, rule 14 - Duty of persons summoned to give evidence or produce document
Whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to...
- Order 16, rule 15 - When summoned persons may depart
(1) A person so summoned and attending shall, unless the court otherwise directs, attend at each hearing until the suit has been disposed of.
(2) The court may upon the oral application of either...
- Order 16, rule 16 - Application of rules 10 to 13
The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to apply to any person, who having attended in compliance with a summons, departs without lawful excuse in...
- Order 16, rule 17 - Procedure where witness apprehended cannot give evidence or produce document
Where any person arrested under a warrant is brought before the court in custody, and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has...
- Order 16, rule 18 - Consequence of refusal of a party to give evidence when called on by the Court
Where any party to a suit present in court refuses, without lawful excuse, when required by the court, to give evidence or produce any document there and then in his possession or power, the court may...
- Order 16, rule 19 - Rules as to witnesses to apply to parties summoned
Where any party to a suit is required to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable.
- Order 17, rule 1 - Hearing from day to day
(1) Once the suit is set down for hearing, it shall not be adjourned unless a party applying for adjournment satisfies the court that it is just to grant the adjournment.
(2) When the court grants...
- Order 17, rule 2 - Notice to show cause why suit should not be dismissed
(1) In any suit in which no application has been made or step taken by either party for one year, the court may give notice in writing to the parties to show cause why the suit should not be...
- Order 17, rule 3 - Procedure if parties fail to appear on day fixed
Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes directed in that behalf by...
- Order 17, rule 4 - Court may proceed notwithstanding either party fails to produce evidence
Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the...
- Order 18, rule 1 - Right to begin
The plaintiff shall have the right to begin unless the court otherwise orders.
- Order 18, rule 2 - Statement and production of evidence
Unless the court otherwise orders—
(1) On the day fixed for the hearing of the suit, or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case...
- Order 18, rule 3 - Witnesses to be examined in open court
The evidence of the witnesses in attendance shall be taken orally in open court in the presence of and under the personal direction and superintendence of the judge
- Order 18, rule 4 - How evidence to be recorded
The evidence of each witness shall be taken down in writing by or in the presence and under the personal direction and superintendence of the judge, not ordinarily in the form of question and answer...
- Order 18, rule 5 - Any particular question and answer may be taken down
The court may, of its own motion or on the application of any party or his advocate, take down any particular question and answer, or any objection to any question, if there appears to be any special...
- Order 18, rule 6 - Questions objected to and allowed by court
Where any question put to a witness is objected to by a party or his advocate, and the court allows the same to be put, the judge shall take down the question, the answer, the objection, and the name...
- Order 18, rule 7 - Remarks on demeanour of witness
The court may record such remarks as it thinks material respecting the demeanour of any witness while under examination.
- Order 18, rule 8 - Power to deal with evidence taken before another judge
(1) Where a judge is prevented by death, transfer, or other cause from concluding the trial of a suit or the hearing of any application, his successor may deal with any evidence taken down under the...
- Order 18, rule 9 - Power to examine witness immediately
(1) Where a witness is about to leave the jurisdiction of the court, or other sufficient cause is shown to the satisfaction of the court why his evidence should be taken immediately, the court may,...
- Order 18, rule 10 - Court may recall and examine witness
The court may at any stage of the suit recall any witness who has been examined, and may, subject to the law of evidence for the time being in force; put such questions to him as the court thinks fit....
- Order 18, rule 11 - Power of court to inspect
The court may at any stage of a suit inspect any property or thing concerning which any question may arise.
- Order 19, rule 1 - Power to order any point to be proved by affidavit
Any court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions...
- Order 19, rule 2 - Power to order attendance of deponent for cross-examination
(1) Upon any application, evidence may be given by affidavit, but the court may, at the instance of either party, order the attendance for cross-examination of the deponent.
(2) Such attendance...
- Order 19, rule 3 - Matters to which affidavits shall be confined
(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove:
Provided that in interlocutory proceedings, or by leave of the court, an affidavit may contain...
- Order 19, rule 4 - Deponent’s particulars
Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall state his age.
- Order 19, rule 5 - Manner of drawing affidavit
Every affidavit shall be drawn in the first person and divided into paragraphs numbered consecutively which shall be confined as nearly as may be to a distinct portion of the subject.
- Order 19, rule 6 - Striking out matter
The court may order to be struck out from any affidavit any matter which is scandalous, irrelevant or oppressive.
- Order 19, rule 7 - Irregularity in form of affidavit
The court may receive any affidavit sworn for the purpose of being used in any suit notwithstanding any defect by misdescription of the parties or otherwise in the title or other irregularity in the...
- Order 19, rule 8 - Affidavit sworn before suit filed
Unless otherwise directed by the court an affidavit shall not be rejected solely because it was sworn before the filing of the suit concerned.
- Order 19, rule 9 - Procedure
Applications under this Order may by chamber summons or orally in court.
- Order 20, rule 1 - Order for accounts
Where a plaint prays for an account, or where the relief sought or the plaint involves the taking of an account, if the defendant either fails to appear or does not after appearance by affidavit or...
- Order 20, rule 2 - Order for accounts on counterclaim
A defendant to an action commenced by plaint, and who has filed a counterclaim which includes a claim for an account or a claim which necessarily involves taking an account, on—
(a) the plaintiff;...
- Order 20, rule 3 - Procedure
An application for such order as is mentioned in rule 1 and 2 shall be made by chamber summons and be supported by an affidavit when necessary, filed on behalf of the plaintiff stating concisely the...
- Order 20, rule 4 - Orders by court
On hearing of the application, the court may, unless satisfied that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on...
- Order 21, rule 1 - Judgment, when pronounced
In suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or within sixty days from the conclusion of the trial notice of...
- Order 21, rule 2 - Power to pronounce judgment written by another judge
(1) A judge may pronounce a judgment written and signed but not pronounced by his predecessor.
(2) A judge of the High Court may pronounce a judgment written and signed but not pronounced by another...
- Order 21, rule 3 - Judgment to be signed
(1) A judgment pronounced by the judge who wrote it shall be dated and signed by him in open court at the time of pronouncing it.
(2) A judgment pronounced by a judge other than the judge by whom it...
- Order 21, rule 4 - Contents of judgment
Judgments in defended suits shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.