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.
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
