2. Expenses of witness to be paid into court on applying for summons.- (1) The party applying for a summons shall, before the summons is granted and within a period to be fixed, which shall not be later than seven days from the date of making application under sub-rule (4) of rule 1 pay into court such a sum of money as appears to the court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the court in which he is required to attend, and for one day’s attendance. (2) Experts—ln determining the amount payable under this rule, the court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case. (3) Scale of expenses—Where the court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses to any rules made in that behalf. (4) Expenses to be directly paid to witnesses—Where the summons i served directly by the party on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent. STATE AMENDMENTS Uttar Pradesh.- In Order XVI— (i) in sub-rule (1) at the end, the following proviso shall be inserted, namely:
“Provided, where Government is the party applying for a summons to a Government servant, it shall not be necessary for it to make any such payment into Court”: (ii) sub-rule (4) as inserted by the Allahabad High Court shall be omitted and after sub-rule (4) as inserted by the Code of Civil Procedure (Amendment) Act, 1976, the following sub-rule shall be inserted, namely:— “(4-A) Allowances, etc. of Government servant witness to be taxed as costs - Any travelling and daily allowances and the salary, payable to a Government servant who attends the Court to give evidence or produce a document shall, on the amount being certified by such witness, he taxable as costs. Explanation 1— The travelling and daily allowances shall be in accordance with the rules governing such allowances applicable to the Government servant in question. Explanation 2-.— The daily allowance and salary of the Government servant shall be proportionate to the number of days of his attendance required by the Court.” UP. Act 57 of 1976, Section 8 (1.1.1977). HIGH COURT AMENDMENTS Andhra Pradesh, Kerala, Madras and Pondicherry.- Add after Rule 2 (3) as follows: “(4) Where the summons is served on the witness by the party directly the expenses mentioned in clause (1) shall be paid to the witnesses by the party or his agent.” (1.11.1951). Assam and Nagaland, Calcutta, Andaman and Nicobar Islands.- Cancel clauses (1) and (2) and substitute. “(1) The Court shall fix in respect of each summons such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the persons summoned in passing to and from the Court in which he is required to attend and for one day’s attendance. (2) In fixing such an amount the Court may in the case of any person summoned to give evidence as an expert allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case.” (25.7.1928). Bombay.- Insert proviso to sub-rule (1) as follows: “Provided that where Government or a public officer being a party to a suit or proceeding as such public officer supported by Government in the litigation, applies for a summons to any public officer to whom the Civil Service Regulations apply to give evidence of facts which have come to his knowledge or of matters which he has to deal, as a public officer, or to produce any document from public records, the Government or the aforesaid officer shall not be required to pay any sum of money on account of the travelling and other expenses of such witness.” (1.10.1983). Delhi, Himachal Pradesh, Haryana and Chandigarh.- Add the following exception to Rule 2(1): “Exception - When applying for a summons for any of its own officers, Government will be exempt from he operation of clause (1).” Orissa and Patna.- Add the following proviso to Rule 2(1): “Provided that the Government shall not be required to pay any expenses into Court under this rule when it is the party applying for the summons and the person to be summoned is an officer serving under Government, who is summoned to give evidence of facts which have come to his knowledge or of matters with which he has to deal, in his public capacity.” (13.2.1952).
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