Section 66   [ View Judgements ]

Amendment of Order XVI

In the First Schedule, in Order XVI,-

(i)for rule 1, the following rule shall be substituted, namely:-

"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 the 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 summonses to such persons for their attendance in Court.

(2)A party desirous of obtaining any summons for the attendance 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 recovered,

(4)Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by the parties on an application to the Court or to such officer as may be appointed by the Court in this behalf.";

(ii)for rule 1A, the following rule shall be substituted, namely:-

"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.";

(iii)in rule 2, after sub-rule (3), the following sub-rule shall be inserted, namely:-

"(4) Expenses to be directly paid to witnesses.- Where the summons is served directly by the party on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.";

(iv)after rule 7, the following shall be inserted, namely:-

"7A.Summons given to party for service.- (1) The Court may, on the application of any party for the issue of a summons for the attendance of any person, permit such party to effect service of such summons on such person and shall, in such a case, deliver the summons to such party for service.

(2)The service of such summons shall be effected by or on behalf of such party by delivering or tendering to the witness personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court.

(3)The provisions of rules 16 and 18 of Order V shall apply to a summons personally served under this rule as if the person effecting service were a serving officer.

(4)If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgement of service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant.

(5)Where a summons is served by a party under this rule, the party shall not be required to pay the fees otherwise chargeable for the service of summons.";

(v)in rule 8, for the words "under this Order,", the words, figure and letter "under this Order, not being a summons delivered to a party for service under rule 7A," shall be substituted;

(vi)in rule 10, for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(1) Where a person to whom a summons has been issued 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) shall, if the certificate of the serving officer has not been verified by affidavit, or if service of the summons has been effected by a party or his agent, or

(b) may, if the certificate of the serving officer has been so verified,

examine on oath the serving officer or the party or his agent, as the case may be, who has effected service, or cause him to be so examined by any Court, touching the service or non-service of the summons.";

(vii)rule 12 shall be re-numbered as sub-rule (1) of that rule, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-

"(2) Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of rule 10, nor issued a warrant nor ordered attachment under sub-rule (3) of that rule, the Court may impose fine under sub-rule (1) of this rule after giving notice to such person to show cause why the fine should not be imposed.";

(viii)in rule 14, for the words "to examine any person other than a party to the suit", the words "to examine any person, including a party to the suit," shall be substituted;

(ix)in rule 19, in clause (b), for the word "fifty", the words "one hundred", and for the words "two hundred miles", the words "five hundred kilometres" shall be substituted;

(x)to rule 19, the following proviso shall be added, namely:-

"Provided that where transport by air is available between the two places mentioned in this rule and the witness is paid the fare by air, he may be ordered to attend in person.".

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