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The Code of Civil Procedure, 1908: page 139

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 139, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     13. Mode of attachment.—The provisions with regard to the attachment and sale of property in the execution
of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as if
the person whose property is so attached were a judgment-debtor.

   14. Court may of its own accord summon as witnesses strangers to suit.—Subject to the provisions of this
Code as to attendance and appearance and to any law for the time being in force, where the Court at any time
thinks it necessary 1[to examine any person, including a party to the suit] and not called as a witness by a
party to the suit, the Court may, of its own motion, cause such person to be summoned as a witness to
give evidence, or to produce any document in his possession, on a day to be appointed, and may examine
him as a witness or require him to produce such document.

    15. Duty of persons summoned to 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.

    16. 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
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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.                     od
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    17. Application of rules 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
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departs, without lawful excuse, in contravention of rule 16.
    18. Procedure where witness apprehended cannot give evidence or produce document.—Where
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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.
    19. 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 jurisdiction, or
         (b) without such limits but at a place less then 2[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 3[five hundred kilometres] distance
    from the court-house:
    4
      [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.]
    20. 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.
    21. 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.


1. Subs. by Act 104 of 1976, s. 66, for certain words (w.e.f. 1-2-1977).
2. Subs. by s. 66, ibid., for “fifty” (w.e.f. 1-2-1977).
3. Subs. by s. 66, ibid., for “two hundred miles” (w.e.f. 1-2-1977).
4. The proviso added, by s. 66, ibid. (w.e.f. 1-2-1977).

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