📘 CIVIL PROCEDURE CODE : ORDER XVI – XVIII

TOPICS:

• SUMMONING AND ATTENDANCE OF WITNESSES

o List of witnesses and summons to witnesses

o Production of witnesses without summon

• ADJOURNMENTS

o Costs of adjournment

• HEARING OF SUIT AND EXAMINATION OF WITNESSES

o Right to begin

o Statement and production of evidence

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

📜 ORDER XVI SUMMONING AND ATTENDANCE OF WITNESSES

List of witnesses and summons to witnesses

Rule 1

• By such date as Court may appoint and

– not later than fifteen days after settlement of issues

• 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

• A party

– desirous of obtaining summons for attendance of any person

• shall file in Court

– an application stating the purpose for which the witness is proposed to be summoned

• The Court may permit a party to call

– whether by summoning through Court or otherwise

• any witness

– other than those whose names so appear in the list

• if such party shows sufficient cause

– for its omission to mention the name in the list

Production of witnesses without summons

Rule 1A

• Subject to sub-rule (3) of rule 1:

• any party to a suit

– may bring any witness to give evidence or to produce documents

– without applying for summons under rule 1

🕒 ORDER XVII ADJOURNMENTS

Court may grant time and adjourn hearing: upto three times to a party

Rule 1(1)

• If sufficient cause is shown

• Court

– may grant time to the parties at any stage of the suit

– may from time to time adjourn hearing of the suit

Proviso

• No such adjournment shall be granted

– more than three times to a party during hearing of the suit

Costs of adjournment

Rule 1(2)

• In every such case, Court

– shall fix a day for further hearing of the suit and

– may make an order for costs occasioned by the adjournment

Proviso

(a)

• When hearing of a suit has commenced:

• it shall be continued

– from day-to-day

– until all witnesses in attendance have been examined

• unless

– Court finds that adjournment of hearing beyond the following day is necessary

– for exceptional reasons

(b)

• No adjournment

– shall be granted at the request of a party

• except where

– circumstances are beyond control of that party

(c)

• The fact that

– pleader of a party is engaged in another Court

• shall not be a ground for adjournment

(d)

• Where

– illness of a pleader or

– his inability to conduct the case for any reason other than his being engaged in another Court

– is put forward as a ground for adjournment

• Court shall not grant adjournment

• unless

– it is satisfied that the party could not have engaged another pleader in time

(e)

• Where

– a witness is present in Court

– but a party or his pleader is not present or is not ready to examine or cross-examine the witness

• Court may

– record statement of the witness and

– pass orders dispensing with exam-in-chief or cross-exam of the witness by the party not present or not ready as aforesaid

Procedure if parties fail to appear on day fixed

Rule 2

• Where

– the parties or any of them fail to appear

– on any day to which hearing of the suit is adjourned

• Court may

– proceed to dispose of the suit in one of the modes directed by Order IX or

– make such other order as it thinks fit

Explanation

• Where

– evidence or a substantial portion of evidence of any party has already been recorded and

– such party fails to appear on any day to which hearing of suit is adjourned

• Court may

– proceed with the case in its discretion

– as if such party were present

👨‍⚖️ ORDER XVIII HEARING OF SUIT AND EXAMINATION OF WITNESSES

Right to begin

Rule 1

• 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 relief, either in point of law or on some additional facts alleged by the defendant

• in which case

• the defendant has the right to begin

Statement and production of evidence

Rule 2

• On the day fixed for hearing:

• the party having the right to begin

– shall state his case and

– shall produce his evidence in support of the issues which he is bound to prove

• The other party

– shall then state his case and

– shall produce his evidence (if any) and

– may then address the Court generally on the whole case

• The party beginning

– may then reply generally on the whole case

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❓ Frequently Asked Questions – CPC Order XVI, XVII & XVIII