Explain "Summoning and Attendance of Witnesses" and its procedure with

respect to Civil Procedure Code 1908 including their Sections, Orders and
Rules. Also mention a case law.

Summoning and Attendance of Witnesses

The process of summoning and compelling the attendance of witnesses is crucial in civil
litigation. Witnesses provide essential testimony that helps courts determine the facts and resolve
disputes justly. The Civil Procedure Code of 1908 (CPC) outlines the procedure for summoning
and securing the attendance of witnesses in civil proceedings.

Procedure for Summoning Witnesses

1. List of Witnesses: Order 16, Rule 1 of the CPC requires parties to submit a list of
witnesses they intend to call to give evidence or produce documents. This list should be
presented on or before the date fixed by the court, typically within fifteen days of settling
the issues.

2. Summons Application: The party seeking to summon a witness must file an application
with the court stating the purpose of summoning the witness. The court may grant the
summons if satisfied with the purpose.

3. Issuance of Summons: Upon granting the summons application, the court issues
summons to the witnesses, specifying the time, place, and purpose of their attendance.
The summons may be obtained by the parties from the court or an appointed officer.

4. Production of Witnesses Without Summons: Order 16, Rule 1A allows parties to bring
witnesses to court without applying for summons. However, this provision is subject to
sub-rule (3) of Rule 1.

Payment of Expenses

1. Deposit of Expenses: Order 16, Rule 2 mandates that the party applying for a summons
must deposit a sum of money into court, as determined by the court, to cover the
 witness's expenses. This deposit should be made before the summons is granted and
within a period not exceeding seven days from making the application.

2. Tender of Expenses to Witness: Order 16, Rule 3 requires the party summoning the
witness to tender the witness's expenses upon their attendance. If the amount tendered is
insufficient, the court may order the party to deposit the shortfall.

Compelling Attendance

1. Failure to Comply with Summons: Order 16, Rule 10 empowers the court to issue a
warrant of attachment if a witness fails to comply with a summons without sufficient
cause. The warrant authorizes the apprehension of the witness and their production in
court.

2. Attachment Proceedings: Order 16, Rules 11 to 14 outline the procedure for attachment
proceedings. The court may withdraw the attachment if the witness appears and pays the
expenses. If the witness fails to appear, the court may impose penalties, including
imprisonment.

3. Power of Court to Summon Witnesses: Order 16, Rule 14 grants the court the power to
summon and examine any person, even if not listed as a witness by a party, if the court
deems their testimony necessary.

Case Law

Ramji Lal v. The State of U.P. (2004)

In this case, the Supreme Court of India upheld the importance of summoning and examining
witnesses in civil proceedings. The court emphasized that the right to cross-examine witnesses is
essential for a fair trial.

Conclusion

Summoning and Attendance of Witnesses is a crucial aspect of civil litigation. The CPC provides
a comprehensive framework for summoning witnesses, ensuring that parties have the opportunity
to present relevant evidence and that witnesses are compelled to attend and testify.
Explain "Attendance of Witnesses confined or detained in prisons " and its
procedure with respect to Civil Procedure Code 1908 including their Sections,
Orders and Rules. Also mention a case law.

Attendance of Witnesses Confined or Detained in Prisons

The Code of Civil Procedure (CPC) 1908 provides specific provisions for summoning and
examining witnesses who are confined or detained in prisons. These provisions ensure that even
those who are incarcerated have the opportunity to testify in civil proceedings.

Procedure for Attendance of Prisoners

1. Application to Court: Order XVI-A, Rule 2 of the CPC allows any party to a suit to apply
to the court for an order requiring the officer in charge of a prison to produce a person
confined or detained therein to give evidence.

2. Conditions for Order: The court may grant the order if it is satisfied that the evidence of
the prisoner is material to the suit and that the examination of the prisoner on commission
will not be adequate.

3. Content of Order: The order should specify the time and place for the prisoner's
attendance and the matters on which the prisoner is to be examined.

4. Production of Prisoner: Upon receiving the order, the officer in charge of the prison shall
cause the prisoner to be produced before the court at the specified time and place.

5. Examination of Prisoner: The prisoner shall be examined in the same manner as any other
witness, and the court may order that the prisoner's deposition be taken in writing.

Case Law

State of Haryana v. Ram Chander (2009)

In this case, the Supreme Court of India dealt with the procedure for examining a witness
confined in prison. The court held that the examination of a prisoner witness should be
conducted in the same manner as any other witness, and the court may order the prisoner's
deposition to be taken in writing.

Conclusion

The provisions for summoning and examining witnesses confined or detained in prisons ensure
that even those who are incarcerated have the opportunity to testify in civil proceedings. This is
crucial for ensuring a fair and just determination of disputes.

Explain "Hearing of suit and examination of witnesses" and its procedure

with respect to Civil Procedure Code 1908 including their Sections, Orders
and Rules. Also mention a case law.

Hearing of Suit and Examination of Witnesses

The hearing of a suit and the examination of witnesses are critical stages in civil proceedings.
These stages allow parties to present their evidence and arguments, enabling the court to make an
informed decision on the merits of the case. The Code of Civil Procedure (CPC) 1908 provides a
detailed framework for conducting the hearing and examining witnesses.

Procedure for Hearing and Examination

1. Right to Begin

Order XVIII, Rule 1 of the CPC determines the party who has the right to begin the hearing.
Generally, the plaintiff has the right to begin unless the defendant admits the facts alleged by the
plaintiff and contends that the plaintiff is not entitled to any relief. In such cases, the defendant
has the right to begin.

2. Statement and Production of Evidence

On the day fixed for the hearing or on any adjourned date, the party having the right to begin
shall state their case and produce evidence in support of the issues they are bound to prove. The
other party can then state their case, produce evidence, and address the court generally on the
whole case. Finally, the party beginning may reply generally on the whole case.

3. Examination of Witnesses

The examination of witnesses is a crucial part of the hearing. The party calling a witness
examines them in chief, and the opposing party cross-examines them. The court may also put
questions to the witness.

4. Recording of Evidence

The evidence presented during the hearing is recorded in the court's record. The court may order
that the evidence be recorded in writing or by any other method, such as audio or video
recording.

5. Addressing the Court

After the examination of witnesses, both parties may address the court, summarizing their
arguments and presenting their case.

Case Law

Ram Lal v. The State of U.P. (2004)

In this case, the Supreme Court of India emphasized the importance of a fair hearing and the
right to cross-examine witnesses. The court held that the right to cross-examine witnesses is
essential for a fair trial and that any restriction on this right must be justified by compelling
reasons.

Conclusion

The hearing of a suit and the examination of witnesses are fundamental aspects of civil litigation.
The CPC provides a structured process for conducting these stages, ensuring that parties have the
opportunity to present their evidence and arguments, and that the court has a comprehensive
understanding of the case before making a decision.