Order XVI Rule 5 CPC - Time, Place and Purpose of Attendance in Witness Summons
Order XVI Rule 5 of the Code of Civil Procedure, 1908 (CPC) prescribes what a summons to a witness must state. It requires the summons to identify when and where the person must attend, why attendance is required, and, where documents are requested, which documents must be produced.
Text of Order XVI Rule 5 CPC
Every summons for the attendance of a person to give evidence or to produce a document shall specify the time and place at which he is required to attend, and also whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes; and any particular document, which the person summoned is called on to produce, shall be described in the summons with reasonable accuracy.
Meaning and requirements of Rule 5
Time and place: The summons must tell the witness the time and place at which attendance is required. This enables the recipient to identify the court appearance expected.
Purpose of attendance: It must make clear whether the person is called to give oral evidence, produce a document, or do both. A person should not have to guess the purpose of the summons.
Identification of documents: Where production of a particular document is sought, the summons must describe it with reasonable accuracy. The requirement promotes clarity about what is sought and helps avoid uncertainty or overly vague demands.
How Rule 5 operates in civil proceedings
Order XVI governs the summoning and attendance of witnesses in civil suits. Rule 5 concerns the contents of a summons; other rules govern the application for summons, payment of witness expenses, service, and consequences of non-compliance. The rule applies to summons requiring evidence or production of documents, and the specific directions of the court and applicable procedural rules must also be followed.
Example of a properly described purpose
A summons may direct a witness to appear at a specified court on a specified date and time to give evidence about a disputed transaction. If it also calls for a particular agreement, it should identify the agreement sufficiently, for example by its date, parties, or subject matter, rather than merely asking for unspecified records.
Related provisions of Order XVI
- Rule 1: List of witnesses and summons to witnesses.
- Rule 2: Payment into court of witness expenses when applying for summons.
- Rule 3: Tender of deposited expenses to the person summoned when personal service is possible.
- Rule 4: Procedure where the amount deposited for witness expenses is insufficient.
- Rule 6: Summons to produce a document, including the distinction between personal attendance and document production in appropriate cases.
- Rule 8: Manner of service of summons.
- Rule 10: Procedure where a witness fails to comply with summons.
Practical points for parties and witnesses
A party seeking witness summons should provide the court with correct witness details, a clear purpose, and a reasonably precise description of documents sought. A witness receiving a summons should read the date, time, place, purpose, and document description carefully. Questions about compliance, exemptions, or difficulties attending should be raised before the issuing court rather than ignored.
The application of the CPC may be affected by High Court amendments, local rules, and case-specific court orders. Readers should check the applicable version and procedural directions for the court concerned.
Official legal sources
For the authoritative statute and any available amendments, consult the Code of Civil Procedure, 1908 on India Code or search the India Code official portal for Act 5 of 1908. The text above reproduces the central provision shown in the original article; verify any local amendment applicable to the proceeding.
Frequently asked questions
What must a witness summons specify under Order XVI Rule 5?
It must state the time and place of attendance, whether the witness must give evidence, produce a document, or both, and describe any particular document requested with reasonable accuracy.
Can a summons require both testimony and documents?
Yes. Rule 5 expressly contemplates attendance for both purposes, provided the summons makes that requirement clear.
Does Rule 5 itself determine how a summons is served?
No. Rule 5 deals with the contents of the summons. Service is addressed separately, including under Order XVI Rule 8 and applicable procedural provisions.
This article is general legal information, not advice for a particular case. Statutory amendments and applicable High Court rules should be checked before relying on it.