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Section 16: Power to summon and enforce attendance of witnesses

Haryana Urban (Control of Rent and Eviction) Act, 1973 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Section 15 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 17

Legal Commentary & Landmark Judgments: Section 16

Section 16 equips the Rent Controller, Appellate Authority, and Revisional Authority with the procedural powers of a Civil Court under the Code of Civil Procedure, 1908 to summon witnesses, enforce attendance, and compel the production of documents.

  • Vesting of Code of Civil Procedure Powers: Endows rent authorities with civil court powers under Order XVI and Order XI of the CPC to summon witnesses, issue witness warrants, enforce personal attendance, and compel document production.
  • Enforcement of Document and Real Evidence Production: Empowers the Controller to direct any party, bank, or public authority including municipal corporations and electricity boards to produce relevant records, accounts, or evidentiary material.
  • Quasi-Judicial Trial Standards and Natural Justice: Mandates that rent proceedings adhere to fundamental evidentiary rules, ensuring that witness testimony is recorded on oath and subject to cross-examination.
Key Landmark Precedents:
  • Brij Bhushan v. Om Parkash, 1984 (2) RCR (Rent) 211 (P&H): Held that the Rent Controller possesses full power under Section 16 to issue witness summonses and call for public records; an arbitrary refusal to summon material witnesses or records constitutes a procedural illegality vitiating the final order.
  • State of Gujarat v. Patel Raghav Natha, (1969) 2 SCC 187: Affirmed that quasi-judicial authorities vested with powers of a civil court must conduct inquiries conforming to natural justice and procedural fairness, including granting parties adequate opportunity to examine material witnesses.
  • M.P. Steel Corporation v. CCE, (2015) 7 SCC 58: Clarified the applicability of procedural civil standards to special statutory tribunals, holding that powers to compel witness and documentary evidence ensure complete and fair adjudication of civil rights.
Courtroom Practice & Strategic Litigation Guidance:

When a crucial witness such as a municipal tax inspector, previous landlord, or bank officer refuses to testify voluntarily, file a formal application under Section 16 read with Order XVI Rule 1 CPC before the Rent Controller. Specify the exact documents to be produced, deposit diet money, and state the relevance of the evidence to the dispute, such as proving rent rates or subletting.

Section 15 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 17