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The Code of Civil Procedure, 1908: page 136

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 136, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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  (c) dismiss the plaint or allow the suit where such non-compliance is willful, repeated and the
imposition of costs is not adequate to ensure compliance.
  [Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]
                                                       ORDER XVI
                                       Summoning and Attendance of Witnesses
    1
     [1. List of witnesses and summons to witnesses.—(1) On or before such date as the Court may
appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall
present in Court a list of witnesses whom they propose to call either to give evidence or to produce
documents and obtain summonses to such persons for their attendance in Court.
    (2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an
application stating therein the purpose for which the witness is proposed to be summoned.
     (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through
Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1),
if such party shows sufficient cause for the omission to mention the name of such witness in the said list.
    (4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by
                                                                           e
the parties on an application to the Court or to such officer as may be appointed by the 2[Court in this
                                                                          od
behalf within five days of presenting the list of witnesses under sub-rule (1).]
    3
                                                                 aC
     [1A. Production of witnesses without summons.—A Subject to the provisions of sub-rule (3) of
rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give
evidence or to produce documents.]                          di
                                                       In
    2. Expenses of witness 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 4[which shall not be later
than seven days from the date of making applications under sub-rule (4) of rule 1] pay into Court such a sum
of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person
summoned in passing to and from the Court in which he is required to attend, and for one day’s attendance.
      (2) Experts.—In determining the amount payable under this rule, the Court may, in the case of any
   person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied
   both in giving evidence and in performing any work of an expert character necessary for the case.
       (3) Scale of expenses.—Where the Court is subordinate to a High Court, regard shall be had, in
   fixing the scale of such expenses, to any rules made in that behalf.
        5
       [(4) Expenses to be directly paid to witnesses.—Where the summons is served directly by the party on
   a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.]
   3. Tender of expenses to witness.—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.
     4. Procedure where insufficient sum paid in.—(1) Where it appears to the Court or to such officer as
it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable
remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be
necessary on that account, and, in case of default in payment, may order such sum to be levied by
attachment and sale of the movable property of the party obtaining the summons; or the Court may
discharge the person summoned without requiring him to give evidence; or may both order such levy and
discharge such person as aforesaid.

1. Subs. by Act 104 of 1976, s. 66, for rule 1 (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 25, for certain words (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 66, for rule 1A (w.e.f. 1 -2-1977).
4. Ins. by Act 46 of 1999, s. 25 (w.e.f. 2-7-2002).
5. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977).

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