Order XVI Rule 12 CPC: Procedure if a Witness Fails to Appear

Order XVI Rule 12 of the Code of Civil Procedure, 1908 (CPC) explains the consequences when a summoned witness fails to appear or cannot satisfy the court about non-compliance. It addresses a possible fine, attachment and sale of property, and the right to receive notice before certain fines are imposed.

Updated: 13 October 2026 | Central CPC provision; check applicable state and High Court amendments.

Text of Order XVI Rule 12 CPC

Meaning and scope of Rule 12

The provision operates alongside Order XVI Rule 10, which sets out steps where a person summoned to give evidence or produce a document does not comply. Rule 12 empowers the court to respond to continued non-appearance or an unsatisfactory explanation, subject to the statutory safeguards.

1. Fine for non-appearance

Under the central text, the court may impose a fine not exceeding Rs. 500. The court must consider the person's condition in life and all circumstances of the case. The fine is discretionary, not automatic, and the amount stated here is the amount appearing in the central provision; local amendments must be checked.

2. Attachment and sale of property

Rule 12(1) also permits attachment and sale of the person's property, or sale of property already attached under Rule 10, to meet the attachment costs and any fine imposed. The statutory purpose is recovery of those amounts; it is not a general power to recover a party's entire litigation claim.

3. Release on payment

The proviso is mandatory: if the person pays the relevant attachment costs and fine into court, the court shall order the property released from attachment.

4. Notice and opportunity to show cause

Rule 12(2) allows a fine even where the court has not previously issued a proclamation, warrant or attachment under Rule 10. In that situation, the court must first give the person notice to show cause why a fine should not be imposed.

How the provisions work together

1. A witness or document-holder is summoned under Order XVI.
2. If there is non-compliance, the court considers service, materiality and lawful excuse under Rule 10.
3. Rule 10 provides for possible proclamation, warrant or attachment where its conditions are met.
4. If the person later appears and satisfies the requirements of Rule 11, the attachment must be released, with an appropriate order on costs.
5. If the person does not appear or does not satisfy the court, Rule 12 permits the measures described above. A fine without prior Rule 10 measures requires a show-cause notice under Rule 12(2).

Practical illustration

A person is summoned to produce records in a civil suit but does not attend. The court checks the summons and circumstances under Rule 10. If the person has no adequate explanation, the court may consider a fine within the statutory limit. Where the court has not used the earlier proclamation, warrant or attachment procedures, it must give a show-cause notice before imposing a fine under Rule 12(2). If property is attached and the person pays the relevant costs and fine, the court must release it from attachment.

Related legal provisions and official source

• Order XVI Rule 10: Procedure when a witness fails to comply with summons.
• Order XVI Rule 11: Withdrawal of attachment when the witness appears and satisfies the court.
• Order XVI Rule 13: Mode of attachment.
• Order XVI Rule 17: Application of Rules 10 to 13 in the specified circumstances.
• Section 32 CPC: Court's powers to compel attendance of persons summoned, including measures provided by law.
• Official legislative source: Code of Civil Procedure, 1908 - India Code.

Procedural rules may be affected by High Court amendments, state amendments, and applicable civil court rules. Check the version applicable to the court and case.

Frequently asked questions

This article provides general legal information and does not replace advice on a particular case.