Order XVI Rule 17 CPC - Application of Rules 10 to 13
Order XVI Rule 17 deals with a summoned witness who attends court but then leaves without lawful excuse contrary to Rule 16. It extends the relevant procedures in Rules 10 to 13 to that situation, so far as applicable.
Text of Order XVI Rule 17
17. Application of rules 10 to 13. - The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to apply to any person who having attended in compliance with a summons departs, without lawful excuse, in contravention of rule 16.
Meaning and scope of Rule 17
Rule 17 is part of Order XVI - Summoning and Attendance of Witnesses in the First Schedule to the Code of Civil Procedure, 1908 (CPC). It addresses departure after initial compliance with a witness summons, rather than failure to attend in the first place.
The rule operates where a person (1) was summoned, (2) attended in compliance with the summons, and (3) subsequently departed without lawful excuse in breach of Rule 16. In that event, Rules 10 to 13 can apply to the extent relevant to the circumstances.
Connection with Order XVI Rule 16
Order XVI Rule 16 generally requires a summoned person who attends to continue attending each hearing until disposal of the suit, unless the court directs otherwise. It also permits the court, on a party's application and payment of necessary expenses through the court, to require security for further attendance and provides for possible civil-prison detention in default of that security.
Accordingly, a witness should obtain the court's direction or permission before leaving where continued attendance is required. Whether a particular departure is excused depends on the facts and the court's assessment.
How Rules 10 to 13 may apply
Rule 10 - Procedure when a witness fails to comply with summons
Provides a procedure for the court to examine non-compliance and, where the statutory conditions are met, take steps to secure the witness's attendance, including coercive process.
Rule 11 - Withdrawal of attachment when the witness appears
Deals with withdrawal of attachment where the witness appears and satisfies the court as required by the rule.
Rule 12 - Procedure if a witness fails to appear
Addresses further consequences where the witness does not appear or does not satisfy the court, subject to the rule's requirements.
Rule 13 - Mode of attachment
Prescribes the manner in which attachment under the relevant provisions is carried out.
Important qualification: Rule 17 does not automatically impose every measure in Rules 10 to 13. Its express words, "so far as they are applicable," require the court to consider which procedures and conditions fit the particular breach.
Practical implications for witnesses and parties
A witness who has attended under summons should not assume that attendance at one hearing ends the obligation. A party concerned about an unjustified departure may bring the matter to the court's attention and request appropriate steps under Order XVI. The court must apply the relevant legal safeguards and assess any lawful excuse.
Official legal source
Read the Code of Civil Procedure, 1908 - official India Code PDF, including Order XVI Rules 10 to 17, or visit the India Code Act page.
Last reviewed: 13 October 2026. This article is general legal information, not advice on a particular case.