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Bare acts > Code of Civil Procedure, 1908 > Order 16 Rule 21
 
  


 

21. Rules as to witnesses to apply to parties summoned.- Where any party to a Suit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him so far as they are applicable.

HIGH COURT AMENDMENTS

Allahabad.- Add the following rules:

“22. (1) Save as provided in this rule and in Rule 2, the Court shall allow travelling and other expenses on the following scale:

(a) in the case of witnesses of the class of cultivators, laborers, and menials six annas a day;

(b) in the case of witnesses of a better class, such as zamindars, traders, pleaders and persons of corresponding rank, from eight annas to two rupees a day, as the Court may direct; and

(c) in the case of witnesses of superior rank, including officers of Government in receipt of a salary of not less than Rs. 200 a month from three to five rupees a day:

Provided that where a Government servant is summoned to produce official documents or to give evidence of facts which came to his knowledge in the discharge of his public duties, he shall be paid travelling and other expenses at the rates admissible to him as for journeys on tour in accordance with the travelling allowance rules applicable to him. (4.3.1953).

IIIustration

A post office or railway employee summoned to give evidence is entitled to demand from the party, on whose behalf or at whose instance he is summoned, the travelling and other expenses allowed to witnesses for the class or rank to which he belongs and in addition the sum for which he is liable as payment to the substitute officiating during his absence from duty. The sum so payable in respect of the substitute will be certified by the official superior of the Witness on a slip which the witness will present to the Court from which the summons issued.

(3) If a witness be detained for a longer period than one day, expenses of his detention shall be allowed at such rate, not usually exceeding that payable under clause (1) of this rule, as may seem to the Court to be reasonable and proper:

Provided that the Court may, for reasons stated in writing, allow expenses on a higher scale than that hereinbefore prescribed. (22.5.1915).

23. In cases to which Government is a party, Government servants whose salary exceeds.- Rs. 10 per mensem and all police constables whatever their salary may be who are summoned to give evidence in their official capacity at a Court situated more than five miles from their headquarters, shall be given a certificate of attendance by the Court in lieu of travelling and other expenses.” (7.2.1920).

Andhra Pradesh. Assam, Calcutta, Kerala, Madras and Mysore.- Substitute the following—

‘(i) when any party to a suit is required by any other party thereto to give evidence or to produce a document the provisions as to witness shall apply to him so far as applicable.

(ii) when any party to a Suit gives evidence on his own behalf the Court may, in its discretion permit him to include as costs in the suit a sum of money equal to the amount payable for travelling and other expenses to other witnesses in the case of similar standing.

 

 

 

 

 

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