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Report No. 27

"1. List of witnesses and summons to witnesses.-(1) On or before such date as the Court may appoint and not later than ten 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.

(2) A party desirous of calling, whether by summoning through Court or otherwise, any witness other than those whose names appear in the said list, may be permitted to do so by the Court, if he shows good cause for the omission of the said witness from the list.

(3) Where the Court grants any such permission, it shall record its reasons for so doing.

(4) On application to the Court or to such officer as it appoints in this behalf, and subject to the provisions of sub-rule (2), parties may obtain summonses to persons whose attendance is required either to give evidence or to produce documents."

[Cf. existing Order XVI, rule 1]

Order XVI, rule IA

For rule 1A of Order XVI of the First Schedule to the principal Act, the following rule shall be substituted, namely:-

"IA. Production of witnesses without summons through court.-Subject to the provisions of sub-rule (2) 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."

Order XVI, rule 2

In rule 2 of Order XVI of the First Schedule to the principal Act, the following sub-rule shall be inserted at the end namely:-

"(4) Where the summons is served on the witness by the party directly, the expenses mentioned in sub-rule (1) shall be paid to the witness by the party or his agent."

[Cf. the Madras Amendment to Order XVI, rule 2.]

Order XVI, rule 7A

After rule 7 of Order XVI of the First Schedule to the principal Act, the following rule shall be inserted, namely:-

"7A. Summons given to party for service.-(1) The Court may, on the application of any party for the issue of a summons for the attendance of any person, permit such party to effect service of such summons by such party, and shall in such a case deliver the summons to such party for service.

(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 as he appoints 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 an acknowledgment 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."

[Cf. Bombay Amendment, Order XVI, rule 1B.]

[Cf. Madras Amendment to Order XVIII, rule 8.]

[Cf. the Calcutta Amendment to Order XVI, rule 8.]

Order XVI, rule 8

For rule 8 of Order XVI of the First Schedule to the principal Act, the following rule shall be substituted, namely:-



Code of Civil Procedure, 1908 Back




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