Order 16 Rule 14 Code of Civil Procedure
GENERAL RULES FOR ATTENDANCE OF WITNESSES
1. Compulsory Attendance —
A Court can compel the personal attendance of any witness residing within the local limits of its jurisdiction, or without such limits if the person to be summoned is at a place, not more than fifty miles from the Court house or not more than two hundred miles if there is a railway communication or public conveyance for 5/6th of distance, provided that he is not exempted under any of the provisions of the Code of Civil Procedure, 1908. A proviso has been added to Order XVI, Rule 19, Civil Procedure Code in Punjab with the result that a Court situate in the State of Punjab may require the personal attendance of any witness residing in the State of Punjab or the Union Territory of Delhi. (High Court Notification No. 60 —General IX Y. 8, dated the 4th March, 1955).
2. Attendance of pardanashin ladies —
Under Section 132 of the Code of Civil Procedure, 1908, women, who according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal attendance in Court.
3. Other exemptions —
The Court has a discretion to exempt from attendance as witness any person who in the opinion of the Court, is from sickness or infirmity unable so to attend (Order XXVI Rule 1, C.P.C.), or being a Civil or Military Officer of the Government, cannot attend without detriment to the Public Service (Order XXVI Rule 4, C.P.C.). As regards the attendance of Patwaries in Civil Courts Part B of this Chapter should be referred to.
4. Evidence by Commission —
The Court may issue a Commission for the examination of a witness, whose attendance cannot be compelled according to law, or cannot be secured for any other sufficient reason in the circumstances specified in Order XXVI of the Civil Procedure Code.
5. Service of processes —
The general procedure for issue of processes to witnesses is the same as that in respect of defendants. For detailed
1. Compulsory Attendance —
A Court can compel the personal attendance of any witness residing within the local limits of its jurisdiction, or without such limits if the person to be summoned is at a place, not more than fifty miles from the Court house or not more than two hundred miles if there is a railway communication or public conveyance for 5/6th of distance, provided that he is not exempted under any of the provisions of the Code of Civil Procedure, 1908. A proviso has been added to Order XVI, Rule 19, Civil Procedure Code in Punjab with the result that a Court situate in the State of Punjab may require the personal attendance of any witness residing in the State of Punjab or the Union Territory of Delhi. (High Court Notification No. 60 —General IX Y. 8, dated the 4th March, 1955).
2. Attendance of pardanashin ladies —
Under Section 132 of the Code of Civil Procedure, 1908, women, who according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal attendance in Court.
3. Other exemptions —
The Court has a discretion to exempt from attendance as witness any person who in the opinion of the Court, is from sickness or infirmity unable so to attend (Order XXVI Rule 1, C.P.C.), or being a Civil or Military Officer of the Government, cannot attend without detriment to the Public Service (Order XXVI Rule 4, C.P.C.). As regards the attendance of Patwaries in Civil Courts Part B of this Chapter should be referred to.
4. Evidence by Commission —
The Court may issue a Commission for the examination of a witness, whose attendance cannot be compelled according to law, or cannot be secured for any other sufficient reason in the circumstances specified in Order XXVI of the Civil Procedure Code.
5. Service of processes —
The general procedure for issue of processes to witnesses is the same as that in respect of defendants. For detailed
Bibliography: http://www.lawzonline.com/bareacts/civil-procedure-code/orderXVI-code-of-civil-procedure.htm http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_XU7A6U42.PDF http://www.lawzonline.com/bareacts/civil-procedure-code/orderXVIA-code-of-civil-procedure.htm http://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/orderXVI.php?Title=Code%20of%20Civil%20Procedure,%201908&STitle=Summoning%20And%20Attendance%20Of%20Witnesses