Full physical source page · unreviewed extraction
The Code of Civil Procedure, 1908: page 140
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 140, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.
Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.
Retained layout text
STATE AMENDMENT
Uttar Pradesh
Amendment of Order XVI.— In the First Schedule, in Order XVI —
(a) in rule 2, —]
(i) in sub-rule (1) at the end, the following proviso shall be inserted, namely :—
“Provided, where Government is the party applying for a summons to a Government servant, it
shall not be necessary for it to make any such payment into court.” ;
(ii) sub-rule (4) as inserted by the Allahabad High Court shall be omitted and after sub-rule (4) as
inserted by the Code of Civil Procedure (Amendment) Act, 1976, the following sub-rule shall be inserted,
namely :—
“(4-A) Allowances, etc. of, Government servant witnesses to be taxed as costs— Any travelling
and daily allowances and the salary, payable to a Government servant who attends the Court to give
evidence or to produce a document shall, on the amount being certified by such witness be taxable
as costs.
“Explanation 1 — The travelling and daily allowances shall be in accordance with the rules
governing such allowances, applicable to the Government servant in question.
e
“Explanation 2 — The daily allowance and salary of the Government servant shall be proportionate
od
to the number of days of his attendance required by the Court.” ;
(b) in rule 4, the following proviso shall be inserted, namely :—
aC
“Provided that nothing in this rule shall apply to a case where the witness is a Government
servant summoned at the instance of Government as a party.”
di
[Vide Uttar Pradesh Act 57 of 1976, s. 8]
1
In
[ORDER XVI A
Attendance of witnesses confined or detained in prisons
1. Definitions.—In this Order,—
(a) “detained” includes detained under any law providing for preventive detention;
(b) “prison” includes—
(i) any place which has been declared by the State Government, by general or special order,
to be a subsidiary jail; and
(ii) any reformatory, borstal institution or other institution of a like nature.
2. Power to require attendance of prisoners to give evidence.—Where it appears to a Court that
the evidence of a person confined or detained in a prison within the State is material in a suit, the Court
may make an order requiring the officer in charge of the prison to produce that person before the Court to
give evidence:
Provided that, if the distance from the prison to the Court-house is more than twenty-five kilometers,
no such order shall be made unless the Court is satisfied that the examination of such person on
commission will not be adequate.
3. Expenses to be paid into Court.—(1) Before making any order under rule 2, the Court shall
require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such
sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order,
including the travelling and other expenses of the escort provided for the witness.
(2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such
expenses, to any rules made by the High Court in that behalf.
4. Power of State Government to exclude certain persons from the operation of rule 2.—(1) The
State Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special
1. Ins. by Act 104 of 1976, s. 67. (w.e.f. 1-2-1977).
140
Compare original page image
