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The Code of Civil Procedure, 1908: page 137

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 137, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     (2) Expenses of witnesses detained more than one day.—Where it is necessary to detain the person
summoned for a longer period than one day, the Court may, from time to time, order the party at whose
instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his detention
for such further period, and, in default of such deposit being made, may order such sum to be levied by
attachment and sale of the movable property of such party; 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.

    5. Time, place and purpose of attendance to be specified in summons.—Every summons for the
attendance of a person to give evidence or to produce a document shall specify the time and place at
which he is required to attend, and also whether his attendance is required for the purpose of giving
evidence or to produce a document, or for both purposes; and any particular document, which the person
summoned is called on to produce, shall be described in the summons with reasonable accuracy.

    6. Summons to produce document.—Any person may be summoned to produce a document,
without being summoned to give evidence; and any person summoned merely to produce a document
shall be deemed to have complied with the summons if he causes such document to be produced instead
of attending personally to produce the same.
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    7. Power to require persons present in Court to give evidence or produce document.—Any
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person present in Court may be required by the Court to give evidence or to produce any document then
and there in his possession or power.
     1
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     [7A. Summons given to the party for service.—(1) The Court may, on the application of any party
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for the issue of a summons for the attendance of any person, permit such party to effect service of such
summons on such person and shall, in such a case, deliver the summons to such party for service.
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    (2) The service of such summons shall be effected by or on behalf of such party by delivering or
tendering to the witness personally a copy thereof signed by the Judge or such officer of the Court as he
may appoint in this behalf and sealed with the seal of the Court.

     (3) The provisions of rules 16 and 18 of Order V shall apply to a summons personally served under
this rule as if the person effecting service were a serving officer.

    (4) If such summons, when tendered, is refused or if the person served refuses to sign and
acknowledgement of service or for any reason such summons cannot be served personally, the Court
shall, on the application of the party, re-issue such summons to be served by the Court in the same
manner as a summons to a defendant.

    (5) Where a summons is served by a party under this rule, the party shall not be required to pay the
fees otherwise chargeable for the service of summons.]

    8. Summons how served.—Every summons 2[under this Order, not being a summons delivered to a
party for service under rule 7A,] shall be served as nearly as may be in the same manner as a summons to
a defendant, and the rules in Order V as to proof of service shall apply in the case of all summonses
served under this rule.

    9. Time for serving summons.—Service shall in all cases be made a sufficient time before the time
specified in the summons for the attendance of the person summoned, to allow him a reasonable time for
preparation and for travelling to the place .at which his attendance is required.



1. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977).
2. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977).

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