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The Code of Civil Procedure, 1908: page 138

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 138, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    10. Procedure where witness fails to comply with summons.—1[(1) Where a person to whom a summons has
been issued either to attend to give evidence or to produce a document, fails to attend or to produce the document in
compliance with such summons, the Court—

        (a) shall, if the certificate of the serving officer has not been verified by the affidavit, or if service of the
     summons has affected by a party or his agent, or

           (b) may, if the certificate of the serving officer has been so verified,

examine on oath the serving officer or the party or his agent, as the case may be, who has effected service, or cause
him to be so examined by any Court, touching the service or non-service of the summons.]

     (2) Where the Court sees reason to believe that such evidence or production is material, and that such person has,
without lawful excuse, failed to attend or to produce the document in compliance with such summons or has
intentionally avoided service, it may issue a proclamation requiring him to attend to give evidence or to produce the
document at a time and place to be named therein; and a copy of such proclamation shall be affixed on the outer door or
other conspicuous part of the house in which he ordinarily resides.

     (3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the Court may, in its
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discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the
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attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of
any fine which may be imposed under rule 12:
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     Provided that no Court of Small Causes shall make an order for the attachment of immovable property.
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                                                         In
    11. If witness appears, attachment may be withdrawn.—Where, at any time after the attachment of his
property, such person appears and satisfies the Court,—

           (a) that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid service,
     and

         (b) where he has failed to attend at the time and place named in a proclamation issued under the last
     preceding rule, that he had no notice of such proclamation in time to attend,

the Court shall direct that the property be released from attachment, and shall make such order as to the costs of the
attachment as it thinks fit.

     12. Procedure if witness fails to appear.—2[(1)] The Court may, where such person does not appear, or appears
but fails so to satisfy the Court, impose upon him such fine not exceeding five hundred rupees as it thinks fit, having
regard to his condition in life and all the circumstances of the case, and may order his property, or any part thereof, to
be attached and sold or, if already attached under rule 10, to be sold for the purpose of satisfying all costs of such
attachment, together with the amount of the said fine, if any:

     Provided that, if the person whose attendance is required pays into Court the costs and fine aforesaid, the Court
shall order the property to be released from attachment.

     3
       [(2) Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of rule 10, nor issued a
warrant nor ordered attachment under sub-rule (3) of that rule, the Court may impose fine under sub-rule (1) of this
rule after giving notice to such person to show cause why the fine should not be imposed.]




1. Subs. by Act 104 of 1976, s. 66 for sub-rule (1) (w.e.f. 1-2-1977).
2. Rule 12 renumbered as sub-rule (1) by s. 66, ibid. (w.e.f. 1-2-1977).
3. Ins. by s. 66, ibid. (w.e.f. 1-2-1977).

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