Order XXXII - Summoning and Attendance of Witnesses
Order XXXII of the Supreme Court Rules, 2013 governs the summoning and attendance of witnesses and the production of documents in suits before the Supreme Court. It incorporates specified provisions of the Code of Civil Procedure, 1908 (CPC), subject to express exceptions.
Meaning and legal framework
A witness summons is a direction requiring a person to attend and give evidence or produce documents relevant to a proceeding. Attendance of witnesses concerns their appearance before the Court or other authorised forum to give testimony. A summons to produce documents requires the specified records or material to be produced in accordance with the applicable procedural rules.
For this Order, the Code refers to the Code of Civil Procedure, 1908. Section 28 concerns service of summons in another State, while Section 32 addresses consequences and enforcement where a person summoned fails to comply. Order XVI of the First Schedule sets out detailed provisions concerning the summoning and attendance of witnesses.
Complete text of Order XXXII
Rule 1 - Application of Sections 28 and 32 of the CPC
1. The provision of Sections 28 and 32 of the Code shall apply to summons to give evidence or to produce documents under these rules.
Explanation: Section 28 deals with service of summons when the person to be served is in another State. Section 32 permits the Court, subject to law, to compel attendance and address non-compliance by measures including warrants, attachment of property, fines or security requirements. Their application here is to summons for evidence or production of documents.
Rule 2 - Application of Order XVI of the CPC with exceptions
2. Order XVI in the First Schedule to the Code with respect to the summoning and attendance of Witnesses shall apply, with the exception of the proviso to sub-rule (3) of rule 10, and the words (a) within the local limits of the Court's ordinary original jurisdiction, or (b) without such limits but' in rule 19.
Explanation: The provisions of Order XVI CPC generally govern the list of witnesses, summons, expenses, production of documents, appearance, and measures concerning failure to attend. However, Order XXXII expressly excludes the proviso to Rule 10(3) and specified words in Rule 19 of Order XVI. Those exceptions must be considered when applying the ordinary CPC procedure in a Supreme Court original suit.
Practical procedure for witness summons
Parties should identify the witness or documents required, comply with the applicable requirements of Order XVI concerning requests and witness expenses, and follow the Court's directions on issuing and serving summons. Failure to attend or produce documents may attract the measures available under Section 32 and the applicable provisions of Order XVI, subject to the exceptions in Order XXXII and any order of the Court.
Official legal resources
Consult the Supreme Court of India for the Court's official rules, practice directions and notifications, and India Code for the Code of Civil Procedure, 1908. Check amendments and current directions before relying on any procedural requirement.
Related provisions: Order XXXI - Admissions and Order XXXIII - Adjournments.