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Bare acts > Code of Civil Procedure, 1908 > Order 16 Rule 12
 
  


 

12. Procedure If witness falls to appear.- (1) The court may, where such person does not appear, or appears but fails so to satisfy the court, impose upon him such fine not exceeding five hundred rupees as it thinks fit, having regard to his condition in life and all the circumstances of the case, and may Order his property, or any part thereof, to be attached and sold or, if already attached under rule 10, to be sold for the purpose of satisfying all costs of such attachment, together with the amount of the said tine, if any:

Provided that, if the person whose attendance is required pays into court the costs and fine aforesaid, the court shall Order the property to be released from attachment.

(2) Notwithstanding that the court has not issued a proclamation under sub-rule (2) of rule 10, nor issued a warrant nor ordered attachment under sub-rule(3) of that rule, the court may impose fine under sub-rule (1) of his rule after giving notice to such person to show cause why the fine should not be imposed.

 

 

 

 

 

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