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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