Order XVI CPC: Summoning and Attendance of Witnesses

Order XVI of Code of Civil Procedure: Summoning and Attendance of Witnesses

Official Bare Act Text

Override / Mandate Court Discretion Procedural Action Non-Compliance Limitation Monetary

Rule 1. List of witnesses and summons to witnesses

(1)On or before such date as the Court may appoint, and not later than fifteen days after the date on which 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 and obtain certificates to that effect from the Court.

(2)A party desirous of obtaining any summons for the appearance of any person shall file in Court an application stating therein the purpose for which the witness is proposed to be summoned.

(3)The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list.

Rule 1A. Production of witnesses without summons

Subject to the provisions of sub-rule (3) 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.

Rule 2. Expenses of witness to be paid into Court on applying for summons

(1)The party applying for a summons shall, before the summons is granted and within a period to be fixed, pay into Court such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which he is required to attend, and for one day's attendance.

Rule 10. Procedure where witness fails to comply with summons

(1)Where a person has been summoned either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the Court:

(a)if the certificate of the serving officer shows that the summons has been served in time to enable the person to comply, and

(b)no lawful excuse is offered for such failure, may issue a proclamation requiring him to attend to give evidence or to produce the document, or may in its discretion issue a warrant, either with or without bail, for his arrest, and may make an order for the attachment of his property to an amount not exceeding five hundred rupees.

Legal Commentary & Landmark Judgments: Order 16

Order XVI governs the summoning and attendance of witnesses, requiring parties to submit witness lists within fifteen days of issue framing and regulating witness expenses and coercive warrants.

Fifteen-Day Witness List [R. 1]: On or before such date as the court may appoint, and not later than 15 days after issues are settled, parties shall present a list of witnesses whom they propose to call.
Payment of Expenses [R. 2]: Party applying for summons shall deposit in court within a prescribed period a sum sufficient to defray the traveling and other expenses of the witness.
Coercive Process for Default [R. 10]: Where witness fails to attend, court may issue proclamations, attachment of property up to ₹5,000, and warrants of arrest under Section 32.
Private Witness Production [R. 1A]: Parties may bring any witness to give evidence or produce documents without applying for summons, subject to inclusion in the witness list.

Key Landmark Precedents:

Mange Ram v. Brij Mohan, (1983) 4 SCC 36: The Supreme Court authoritatively analyzed Order 16 Rule 1A, holding that a party is entitled to examine any witness produced by them in court whose name was included in the witness list, without needing prior court summons.
Vidhyadhar v. Manikrao, (1999) 3 SCC 573: The Supreme Court held that where a party to the suit does not appear in the witness box to state his case on oath and offer himself for cross-examination, a strong adverse presumption arises against him under Section 114 Indian Evidence Act.

Courtroom Practice & Strategic Litigation Guidance:

File your List of Witnesses within 15 days of issues being framed under Order 16 Rule 1; omitting a crucial witness from the initial list requires formal application demonstrating sufficient cause under Rule 1(3) to examine them.

Order XVI: Summoning and Attendance of Witnesses