Law Maker

THE FIRST SCHEDULE · ORDER XVI Summoning and Attendance of Witnesses

Order XVI Rule 19: No witness to be ordered to attend in person unless resident within certain limits

The Code of Civil Procedure, 1908

No one shall be ordered to attend in person to give evidence unless he resides—

(a) within the local limits of the Court’s ordinary jurisdiction, or

(b) without such limits but at a place less then 1[one hundred] or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than 2[five hundred kilometres] distance from the court-house: 3[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.]

Footnotes in the official text

  1. 1.Subs. by s. 66, ibid., for “fifty” (w.e.f. 1-2-1977).
  2. 2.Subs. by s. 66, ibid., for “two hundred miles” (w.e.f. 1-2-1977).
  3. 3.The proviso added, by s. 66, ibid. (w.e.f. 1-2-1977).

Questions on this rule

2 questions in 10 of our papers cite Order XVI Rule 19. Try these from the free papers:

  1. 1. Under Order XVI Rule 19 CPC, a person residing outside the local limits of the Court's ordinary jurisdiction may be ordered to attend in person to give evidence only if he resides at a place less than:

  2. 2. Under Order V Rule 4 of the Code of Civil Procedure, 1908, a party residing outside the local limits of the Court's ordinary original jurisdiction may be ordered to appear in person only if he resides at a place less than:

Practise questions on Civil Procedure Code