Law: Civil Procedure Code (V of 1908)

Section: O. XVI

Civil Procedure Code (V of 1908), O. XVI-Summoning and attendance of witness-Witness failing to comply with summons Courts empowered to compel witness to attend and give evidence- Court cannot shove responsibility on shoulders of party to produce evidence even where party had undertaken to do so but is other wise unable to compel witness to attend-Court, in circumstance, must move its own coercive machinery to procure attendance of witness. Rule 1 of Order XVI, C. P. C. provides that the parties at any time after the suit is instituted, may obtain, on application to the Court or to such officer as it appoints in this behalf, summonses to persons whose attendance is required either to give evidence or to produce documents. Rule 2 provides for the expenses of the witnesses to be paid into Court when applying for summons, for their attendance. Rule 10 of this Order lays down that where a person fails to comply with summonses, and the Court sees reason to believe that the evidence of the witness is material, and such person has without lawful excuse, failed to attend, or has intentionally avoided service, it may issue a proclamation, requiring him to attend, to give evidence or to produce documents. A copy of such a proclamation is to be affixed on the outer door or other conspicuous part of the house in which the witness ordinarily resides. Under sub-rule (3) of this rule, the Court can also, in lieu of or at the time of issuing such proclamation, or at any time afterwards, issue a warrant either, with or without bail, for the arrest of such person, and may also make an order for the attachment of his property in such amount as it thinks fit, not exceeding the cost of attachment, and of any tine which may be imposed, which is Rs. 500 in the maximum, as laid down in rule 12 of the same Order. It would appeal from the provisions of law cited above that the Courts have been given powers to compel the attendance of witnesses to give evidence where they do not respond to summonses ordina rily or where they are avoiding appearance. There is no provi sion in the Code of Civil Procedure where under the responsi bility can be put on a party to produce its evidence on pain…