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CODE OF CIVIL PROCEDURE 1908

ORDER XVI SUMMONING ATTENDANCE OF WITNESSES

What is List of witnesses and summons to witnesses? What is the procedure for Production of witnesses without summons? What is the meaning of Expenses of witness to be paid into Court on applying for summons? How to Tender of expenses to witness? What is the Procedure where insufficient sum paid in? What is the meaning of Time, place and purpose of attendance to be specified in summons? What is Summons to produce document? What is Power to require persons present in Court to give evidence or produce document? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XVI 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 What is the meaning If witness appears attachment may be withdrawn?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

What is the Duty of persons summoned give evidence or produce document? When they may depart? What is Application of rule 10 to 13, Procedure where witness apprehended cannot give evidence or produce document? What is the meaning of No witness to be ordered to attend in person unless resident within certain limits? What is the Consequence of refusal of party to give evidence when called on by Court? What are the Rules as to witnesses to apply to parties summoned? Rule 15, 16, 17, 18, 19, 20 and 21 of Order XVI of Code of Civil Procedure 1908

ORDER XVII A SUMMONING ATTENDANCE OF WITNESSES

What are the Definitions? What is the Power to require attendance of prisoners to give evidence? What are the Expenses to be paid into Court? What is the Power of State Government to exclude certain persons from the operation of rule 2? What is the meaning of officer in charge of prison to abstain from carrying out order in certain cases? What is the meaning Prisoners to be brought to Court in custody? What is the Power to issue commission for examination of witness in prison? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XVII A of Code of Civil Procedure 1908

ORDER XVIII SUMMONING ATTENDANCE OF WITNESSES

What is Right to begin? What is Statement and production of evidence? What is the Evidence where several issues? What is the meaning of Party to appear before other witnesses? Is Witnesses to be examined in open Court? How evidence shall be taken in appealable cases? When deposition to be interpreted? Rule 1, 2, 3, 4, 5 and 6 of Order XVIII of Code of Civil Procedure 1908

What is Evidence under section 138? What is Memorandum when evidence not taken down by Judge? When evidence may be taken in English? Any particular question and answer way he taken down? What are the Questions objected to and allowed by Court? What is Remarks on demeanour of witnesses? Rule 7, 8, 9, 10, 11 and 12 of Order XVIII of Code of Civil Procedure 1908

What is Memorandum of evidence in unappealable cases? When Judge unable to make such memorandum to record reasons of his inability? What is the Power to deal with evidence taken before another Judge? What is the Power to examine witness immediately? What is the meaning Court may recall and examine witness? What is Production of evidence not previously known or which could not be produced despite due diligence? What is the Power of Court to inspect? Rule 13, 14, 15, 16, 17, 17A and 18 of Order XVIII of Code of Civil Procedure 1908

 

 

ORDER XIX AFFIDAVITS

What is the Power to order any point to be proved by affidavit? What is the Power to order attendance of deponent for cross-examination? Matters to which affidavits shall be confined? Rule 1, 2 and 3 of Order XIX of Code of Civil Procedure 1908

ORDER XX JUDGMENT AND DECREE

Judgment when pronounced? What is the Power to pronounce judgment written by judge's predecessor? Is Judgment to be signed? What is Judgments of Small Cause Courts? What is the meaning Court to state its decision on each issue? What is the meaning of Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders? What are the Contents of decree? Is Last paragraph of judgment to indicate in precise terms the reliefs granted? Copies of typewritten judgments when to be made available, What is the Date of decree? Rule 1, 2, 3, 4, 5, 5A, 6, 6A, 6B and 7 of Order XX of Code of Civil Procedure 1908

What is the Procedure where Judge has vacated office before signing decree? What is Decree for recovery of immovable property? What is Decree for delivery of movable property? What is the meaning Decree may direct payment by installments? What is Decree for possession and mesne profits? What is Decree in administration suit? What is Decree in pre-emption suit? Rule 8, 9, 10, 11, 12, 12A, 13 and 14 of Order XX of Code of Civil Procedure 1908

What is Decree in suit for dissolution of partnership? What is Decree in suit for account between principal and agent? What is Special directions as to accounts? What is Decree in suit for partition of property or separate possession of a share therein? Decree when set-off or counter-claim is allowed? What is the meaning of Certifies copies of judgment and decree to be furnished? Rule 15, 16, 17, 18, 19 and 20 of Order XX of Code of Civil Procedure 1908

ORDER XVI SUMMONING AND ATTENDANCE OF WITNESSES - RULE 15, 16, 17, 18, 19, 20, 21 OF CODE OF CIVIL PROCEDURE 1908

What is the Duty of persons summoned give evidence or produce document? When they may depart? What is Application of rule 10 to 13, Procedure where witness apprehended cannot give evidence or produce document? What is the meaning of No witness to be ordered to attend in person unless resident within certain limits? What is the Consequence of refusal of party to give evidence when called on by Court? What are the Rules as to witnesses to apply to parties summoned? Rule 15, 16, 17, 18, 19, 20 and 21 of Order XVI of Code of Civil Procedure 1908

 Duty of persons summoned give evidence or produce document, When they may depart, Application of rule 10 to 13, Procedure where witness apprehended cannot give evidence or produce document, No witness to be ordered to attend in person unless resident within certain limits, Consequence of refusal of party to give evidence when called on by Court and Rules as to witnesses to apply to parties summoned are defined under Rule 15, 16, 17, 18, 19, 20 and 21 of Order XVI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 15 Order XVI of Code of Civil Procedure 1908 "Duty of persons summoned give evidence or produce document"

Subject as last aforesaid, 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 produce it, or cause it to be produced, at such time and place.

Rule 16 Order XVI of Code of Civil Procedure 1908 "When they 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) On the application of either party and the payment through the Court of all necessary expenses (if any), the. Court may require any person so summoned and attending to furnish security to attend at the next or any other hearing or until the suit is disposed of and, in default of his furnishing such security, may order him to be detained in the civil prison.

Rule 17 Order XVI of Code of Civil Procedure 1908 "Application of rule 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 contravention of rule 16.

Rule 18 Order XVI of Code of Civil Procedure 1908 "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 been summoned to give or produce, the Court may require him to give reasonable bail or other security for his appearance at such time and place as it thinks fit, and, on such bail or security being given, may release him, and, in default of his giving such bail or security, may order him to be detained in the civil prison.

Rule 19 Order XVI of Code of Civil Procedure 1908 "No witness to be ordered to attend in person unless resident within certain limits"

No one shall be ordered to attend in person to give evidence unless he resides-

(a) within the local limits of the Court's ordinary original jurisdiction, or

(b) without such limits but at a place less than one hundred or where there is railway or steamer communication or other. established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate less than 81[five hundred kilometers] distance from the court-house :

Provided that where transport by air is available between the two places mentioned in this rule and the witness is paid the fare by air, he may be ordered to attend in person.

Rule 20 Order XVI of Code of Civil Procedure 1908 "Consequence of refusal of party to give evidence when called on by Court"

Where any party to a suit present in Court refuses, without lawful excuse, when required by the Court, to give evidence or to produce any document then and there in his possession or power, the Court may pronounce judgment against him or make such order in relation to the suit as it thinks fit.

Rule 21 Order XVI of Code of Civil Procedure 1908 "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.

 

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