(1) Where it appears to the Court or to such officer as it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be necessary on that account, and, in case of default in payment, may order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons, or the Court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid.
(2) Expenses of witnesses detained more than one day.- Where it is necessary to detain the person summoned for a longer period than one day, the Court may, from time to time, order the party at whose instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his detention for such further period, and, in default of such deposit being made, may order such sum to be levied by attachment and sale of the movable property of such party; or the Court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid.
Order XVI Rule 1 CPC List of witnesses and summons to witnesses
Order XVI Rule 1A CPC Production of witnesses without summons
Order XVI Rule 2 CPC Expenses of witness to be paid into Court on applying for summons
Order XVI Rule 3 CPC Tender of expenses to witness
Order XVI Rule 4 CPC Procedure where insufficient sum paid in
Order XVI Rule 5 CPC Time, place and purpose of attendance to be specified in summons
Order XVI Rule 6 CPC Summons to produce document
Order XVI Rule 7 CPC Power to require persons present in Court to give evidence or produce document
Order XVI Rule 7A CPC Summons given to the party for service
Order XVI Rule 8 CPC Summons how served
Order XVI Rule 9 CPC Time for serving summons
Order XVI Rule 10 CPC Procedure where witness fails to comply with summons