No.13

SUMMONS TO WITNESS

(O. 16, Rr.1, 5)

(TITLE)

To

WHEREAS your attendance is required to ………………………………………….

on behalf of the……………………………………………………………………. in

the above suit, you are hereby required [personally to appear before this Court on the……….. day of………. 19……,…… at ………O’clock in the forenoon, and to bring with you for[or to send to this………. Court].

A sum of Rs………., being your travelling and other expenses arid subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in Rule 12 of Order XVI of the Code of Civil Procedure, 1908.

GIVEN under my hand and the seal of the Court, this ………. day of ………19....

Judge.

NOTICE.—(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.

(2) If you are detained beyond the day aforesaid, a sum of Rs………. will be tendered to you for each day’s attendance beyond the day specified.

HIGH COURT AMENDMENTS

Andhra Pradesh.—As by the Madras High Court except as under:

(i) For the words “Crown” substitute “Government”.

(ii) For the words “A Government servant for Province of (Name)”, substitute the words “a servant of Government of India or the Government (Names of the State)”.

(iii) For the words “the Government of the Provinces” substitute the words “Government of India/Government (Name of the State)”.(ROC NO. 6842/-5l-B-1, dated 9-8-1957)

Karnataka.—As by the Kerala High Court.

Kerala.—

(i) No. (i) of the Madras High Court.

(ii) Insert new Form No. 13A. -

NO. 13A

CERTIFICATE OF ATTENDANCE TO AN OFFICER OF GOVERNMENT SUMMONED AS A WITNESS IN A SUIT TO WHICH THE GOVERNMENT IS A PARTY

(ORDER XVI, RULE 4A)

(CAUSE TITLE)

This is to certify that……….. (name)………………………………………………(designation) being a Government servant from the State of ……………..(name) …………..was summoned to give evidence in his official capacity on behalf of the plaintiff/defendant in the above suit/matter and was in attendance in this Court from the ………….day of ………..to the…………day of…….. 19.... (inclusive) and that a sum of Rupees……….has been paid into Court by the plaintiff defendant towards his travelling and subsistence for……day according to the scale prescribed by the Government of the State of….. (name)….. and that the said amount has been/will be remitted to the Government Treasury…….. at to be credited to Government under the head “XXI (e) (ii) Administration of Justice………. Miscellaneous other Items.”

Dated the day of………..19……

Presiding Judge or

Chief Ministerial Officer.

(9-6-1959).

Madras.—(i) In Notice No. 1 add.

“If the document you are summoned to produce is an entry in a letter book or a shop book or other account in current use, and you are desirous of receiving back the document, you may furnish along with the document a copy of the entry”.

(ii) Add the following new Form No 13A. -

“No. 13-A

CERTIFICATE OF ARTENDANCE TO AN OFFICER OF GOVERNMENT SUMMONS AS A WITNESS IN A

SUIT TO WHICH THE GOVERNMENT IS A PARTY

(ORDER XVI, RULE 4-A)

(CAUSE TITLE)

This is to certify that…….. (Name)……….. (designation)…..being a servant of the Government of India/of the Government of (name of State)………was summoned to give evidence in his official capacity on behalf of the plaintiff/defendant……….in the above………and was in attendance in this Court from the day of to the day of 19 (inclusive) and that a sum of Rupees……… has been paid into Court by the plaintiff/defendant………… towards his travelling and subsistence allowance for ………..days according to the scale prescribed by Government of India/Government of (name of State) and that the said amount………. has been/will be remitted to the Government Treasury at……….to be credited to Government under the head XXI-D………Miscellaneous Fees and dated the………day of 19……

Presiding Judge or

Chief Ministerial Officer”

(2-3-1942 and 28-5-1985).

No. 14

PROCLAMATION REQUIRING ATFENDANCE OF WITNESS

(O.16, R. 10.)

(TITLE)

To

WHEREAS it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law; and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons : This proclamation is, therefore, under Rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the............... day of….. 19.... at O’clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.

Given under my hand and the seal of the Court, this ……….day of ……19…… .

Judge.

No. 15

PROCLAMATION REQUIRING ATTENDANCE OF WITNESS

(O.16, R. 10.)

(TITLE)

To

WIIEREAS it appears from the examination on oath of the serving officer that the summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such summons : This proclamation is, therefore, under Rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the…….. day of …….19...., at O’clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.

Given under my hand and the seal of the Court, this……….. day of ……..19…… .

Judge.

No. 16

WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS

(O.16, R. 10.)

(TITLE)

To

The Bailiff of the Court.

WHEREAS the witness…………………………………………………………. Cited by…………………has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You are hereby directed to hold under attachment ............... property belonging to the said witness to the value of………….and to submit a return, accompanied with an inventory thereof, within………..days.

Given under my hand and the seal of the Court, this………..day of….. .19 ….

Judge

HIGH COURT AMENDMENT

Kerala.—Substitute ‘Amin’ for Bailiff.

No. 17

WARRANT OF ARREST OF WITNESS

(O.16, R. 10.)

(TITLE)

To

The Bailiff of the Court.

WHEREAS………has been duly served with a summons but has failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons); You are hereby ordered to arrest and bring the said……… before the Court.

You are further ordered to return this warrant on or before the …………..day of...............19.... with an endorsement certifying the day on and the manner in which it has been executed, or the reason why it has not been executed.

Given under my hand and the seal of the Court, this…….. day of……….19 …. .

Judge.

HIGH COURT AMENDMENT

Kerala.—Substitute ‘Amin’ for Bailiff.

No. 18

WARRANT OF committal

(O.16, R. 16)

(TITLE)

To

The Officer in charge of the Jail at………………

WHEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court that security be taken for the appearance of…………….. to give evidence (or to produce a document), on the ……….day of……….19 ….; and here as the Court has called upon the said………… to furnish such security, which e has failed to do; This is to require you to receive the said……………..into your custody in the civil prison and to produce him before this Court at………….on the aid day and on such other day or days as may be hereafter ordered. given under my hand and the seal of the Court, this………… day of ……..19…. .

Judge.

No. 19

WARRANT OF COMMITTAL

(O.16, R. 18.)

(TITLE)

To

The Officer in charge of the Jail at………….

Whereas whose attendance is required before this Court in the above-named case to give evidence (or to produce a document), has been arrested and brought before the Court in custody; and whereas owing to the absence of the plaintiff (or defendant), the said ……….cannot give such evidence (or produce such document); and whereas the Court has called upon the said…………to give security for his appearance on the………day of………19...., at………..which he has failed to do; This is to require you to receive the said……….into your custody in the civil prison and to produce him before this Court at………on the……….day of………19…. .

Given under my hand and the seal of the Court, this………day of……….19…. .

No. 20

APPLICATION FOR ISSUE OF SUMMONS TO A PARTY OR WITNESS.

No. of Suit

Name of parties

In the Court of the

Date fixed for hearing

Number of witnesses to be summoned

Name and full address of each person to be summoned

Rank or occupation

Distance of residence from Court

Cash paid for

Name and address of person to whom unexpected traveling expenses and diet money should be returned

Rail Road

Travelling expenses-

Diet expenses

1.

2.

3.

4.

5.

6.

Judge

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