Expenses of witness to be paid into Court on applying for summons
Summoning and Attendance of Witnesses, in the First Schedule to The Code of Civil Procedure, 1908
(1) The party applying for a summons shall, before the summons is granted and within a period to be fixed 1 [which shall not be later than seven days from the date of making applications under sub-rule (4) of rule 1] pay into Court such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which he is required to attend, and for one day's attendance.
(2) Experts.--In determining the amount payable under this rule, the Court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case.
(3) Scale of expenses.--Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made in that behalf.
2 (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.]
1. Ins. by Act 46 of 1999. s. 25 (w.e.f. 7-2002).
2. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XVI Rule 2 CPC and Order 16 Rule 2 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 16 Rule 2 CPC, Order XVI Rule 2 CPC. Each opens the full-text search over every order eCourtsIndia holds.
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