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


 

16. When they may depart.- (1) A person so summoned and attending shall, unless the court otherwise direct, attend at each hearing until the suit has been disposed of.

(2) On the application of either party and the payment through the court of all necessary expenses (if any), the court may require any person so summoned and attending to furnish security to attend at the next or any other hearing or until the suit is disposed of and, in default of his furnishing such security, may Order him to be detained in the civil prison.

HIGH COURT AMENDMENT

Delhi, Himachal Pradesh, Punjab, Haryana, Chandigarh.- Add the following sub-rule (3):

“(3) In the absence of the presiding officer the powers conferred by sub-rule (2) may be exercised by the Senior Subordinate Judge of the first class exercising jurisdiction at headquarters of the district, or by any Judge or court-official nominated by him for the purpose: (25.7.1938).

“Provided that a court-official nominated for the purpose shall not order a person who fails to furnish such security as may be required under sub-rule (2) to be detained in prison but shall refer the case immediately to the presiding officer on his return.” (23.1.1940).

 

 

 

 

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