Order XVI Rule 7 CPC - Power to Require Persons Present in Court to Give Evidence or Produce Documents

Order XVI Rule 7 CPC - Statutory Text

Heading: Power to require persons present in Court to give evidence or produce document.

This provision forms part of Order XVI, which regulates the summoning and attendance of witnesses in civil proceedings.

Meaning and Scope of Order XVI Rule 7

The rule provides an immediate procedural power to the court. If a person is physically present before the court, the court may require that person to testify or to produce a document available to them at that time. The expression "may be required" makes this a power exercised by the court, not an unrestricted right of a litigant to compel anyone to testify.

"Any person present in Court" is broad wording and is not confined to a witness who has already been served with a summons. "Then and there" indicates immediate production, while "possession or power" concerns a document held by, or under the control of, the person concerned.

Rule 7 is procedural: it does not, by itself, make every statement or document admissible. Relevance, privilege, proof and admissibility remain subject to the applicable law of evidence and the court's directions.

When Can the Court Exercise This Power?

• The person from whom evidence or a document is sought must be present in court.
• The court must require the person to give evidence or produce the document.
• For immediate document production, the document must be within the person's possession or power.
• The request must be dealt with consistently with fair procedure and applicable evidentiary safeguards.

Practical illustration

During the hearing of a civil suit, a person attending court may have a relevant original record with them. The court may direct that person to produce the record immediately under Rule 7, subject to any valid objection and the applicable rules governing proof and admissibility.

By contrast, when the person is absent and needs to be called to court, the ordinary witness-summons provisions of Order XVI may be relevant.

Related Provisions of the CPC

Section 30 CPC: empowers the court, subject to prescribed conditions and limitations, to make orders concerning discovery, production and inspection of documents, and the attendance of persons to give evidence or produce documents.

Order XVI Rule 1: addresses lists of witnesses and summonses to witnesses. Rule 5: requires a witness summons to specify the time, place and purpose of attendance, including reasonably accurate identification of any document requested. Rule 6: permits a summons for document production without requiring the summoned person to give evidence. Rule 7: specifically concerns persons already present in court.

Order XIII: contains provisions concerning production, impounding and return of documents, subject to applicable amendments.

For the primary legislation and amendments, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). State amendments, High Court rules and case-specific orders should also be checked.

Frequently Asked Questions

Is a prior witness summons always required under Rule 7?

No. Rule 7 expressly addresses a person who is already present in court. It allows the court to require evidence or immediate document production without relying solely on the ordinary summons procedure.

Can the court require a person present in court to produce a document?

Yes, if the document is then and there in the person's possession or power, subject to lawful objections and applicable evidentiary requirements.

Does Rule 7 automatically make a document admissible?

No. Production of a document and its admissibility or evidentiary weight are separate questions.

How is Rule 7 different from Rule 6?

Rule 6 deals with summoning someone to produce a document. Rule 7 permits the court to require a person already present in court to give evidence or produce a document immediately.