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THE FIRST SCHEDULE · ORDER XVI Summoning and Attendance of Witnesses

Order XVI Rule 1: List of witnesses and summons to witnesses

The Code of Civil Procedure, 1908

1[(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 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.

(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 2[Court in this behalf within five days of presenting the list of witnesses under sub-rule (1).]

Footnotes in the official text

  1. 1.Subs. by Act 104 of 1976, s. 66, for rule 1 (w.e.f. 1-2-1977).
  2. 2.Subs. by Act 46 of 1999, s. 25, for certain words (w.e.f. 1-7-2002).

Questions on this rule

1 question in 7 of our papers cite Order XVI Rule 1. Try these from the free papers:

  1. 1. Under Order XVI Rule 1(1) CPC, the parties shall present in Court a list of the witnesses they propose to call on or before the date appointed by the Court and not later than:

Practise questions on Civil Procedure Code