SUMMONING AND ATTENDANCE OF WITNESSES
1[1. Summons to attend to give evidence or produce documents.__ (1) Not later than seven days
after the settlement of issues, the parties shall present in Court a 2[certificate of readiness to produce
evidence, along with a] list of witnesses whom they propose to call or produce either to give
evidence or to produce documents.
1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original rule 1.
2Ins. by Act. XIV of 1994, S.11.
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(2) A party shall not be permitted to call or produce witnesses other than those contained in the
said list, except with the permission of the Court and after showing good cause for the omission the
said witnesses from the list; and the Court grants such permission, it shall record reasons for so doing.
(3) On application to the Court or such officer as it appoints in this behalf, the parties may obtain
summons for persons whose attendance is required in Court :
Provided that no summons shall be issued for service on a person under rule 8 unless an application
in that behalf is made not later than fourteen days prior to the date fixed for the hearing of the suit and
the necessary expenses for the summoning of such person are deposited]
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, 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. In 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.
3. Tender of expenses to witness. The sum so paid into Court shall be tendered to the person
summoned, at the time of serving the summons, if it can be served personally.
4. Procedure where insufficient sum paid in.__ (1) Where it appears to the Court or to such
officer as it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses
or reasonable remuneration, the Court may direct such further sum to be paid to the person summoned
as appears to be necessary on that account, and, in case of default in payment, may order such sum to
be levied by attachment and sale of the moveable property of the party obtaining the summons ; or the
Court may discharge the person summoned, without requiring him to give evidence ; or may both order
such levy and discharge such person as aforesaid.
(2) Expenses of witness detained more than one day. Where it is necessary to detain the person
summoned for a longer period than one day, the Court may, from time to time, order the party at whose
instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his
detention for such further period, and, in default of such deposit being made, may order such sum to be
levied by attachment and sale of the movable property of such party ; or the Court may discharge the
person summoned without requiring him to give evidence ; or may both order such levy and discharge
such person as aforesaid.
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5. Time, place and purpose of attendance to be specified in summons. Every summons for the
attendance of a person to give evidence or to produce a document shall specify the time and place at
which he is required to attend, and also whether his attendance is required for the purpose of giving
evidence or to produce a document, or for both purposes ; and any particular document which the
person summoned is called on to produce, shall be described in the summons with reasonable
accuracy.
6. Summons to produce document. Any person may be summoned to produce a document,
without being summoned to give evidence; and any person summoned merely to produce a document
shall be deemed to have complied with the summons if he causes such document to be produced
instead of attending personally to produce the same.
7. Power to require persons present in Court to give evidence or produce document. Any
person present in Court may be required by the Court to give evidence or to produce any document
then and there in his possession or power.
1[7A. Service of summons by parties. (1) Except where it appears to the Court that a summons
under this Order should be served by the Court in the same manner as a summons to a defendant, the
Court shall make over for service all summons under this Order to the party applying therefore.
(2) The service shall be effected by or on behalf of such party by delivering or tendering to the
witness in person a copy thereof signed by the Judge or such officer as he appoints in this behalf and
sealed with the seal of the Court.
(3) Rules 16 and 18 of Order V shall apply to summons personally served under this rule, as though
the person effecting service were a serving officer.].
2[8. Service of summons by Court. Every summons under this Order, not being a summons made
over to a party for service under rule 7A of this Order, shall be served as nearly as may be in the same
manner as a summons to a defendant, and the rules in Order V as to proof of service shall apply
thereto.].
9. Time for serving summons. Service shall in all cases be made a sufficient time before the time
specified in the summons for the attendance of the person summoned, to allow him a reasonable time
for preparation and for travelling to the place at which his attendance is required.
10. Procedure where witness fails to comply with summons.__ (1) Where a person to whom a
summons has been issued either to attend to give evidence or to produce a document fails to attend or
to produce the document in compliance with such summons, the Court shall, if the certificate of the
servingofficer
has not been verified by affidavit, and may, if it has been so verified, examine the
servingofficer
on oath, or cause him to be so examined by another Court, touching the service or nonservice
of the summons.
1 Rule 7A ins. by the Law Reforms Ordinance 1972 (12 of 1972), s.2 and Sch.
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original rule 8.
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(2) Where the Court sees reason to believe that such evidence or production is material, and that
such person has without lawful excuse, failed to attend or to produce the document in compliance with
such summons or has intentionally avoided service, it may issue a proclamation requiring him to attend
to give evidence or to produce the document at a time and place to be named therein ; and a copy of
such proclamation shall be affixed on the outer door or other conspicuous part of the house in which he
ordinarily resides.
(3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the Court may,
in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may
make an order for the attachment of his property to such amount as it thinks fit not exceeding the
amount of the costs of attachment and of any fine which may be imposed under rule 12 :
Provided that no Court of Small Causes shall make an order for the attachment of immovable
property.
11. If witness appears attachment may be withdrawn. Where, at any time after the attachment
of his property, such person appears and satisfies the Court,(
a) that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid
service, and
(b) where he has failed to attend at the time and place named in a proclamation issued under the last
preceding rule, that he had no notice of such proclamation in time to attend,
the Court shall direct that the property be released from attachment, and shall make such order as
to the costs of the attachment as it thinks fit.
12. Procedure if witness fails to appear. 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 1[two thousand]
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 fine, 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.
13. Mode of attachment. The provisions with regard to the attachment and sale of property in the
execution of a decree shall, so far as they are applicable be deemed to apply to any attachment and
sale under this Order as if the person whose property is so attached were a judgmentdebtor.
14. Court may of its accord summon as witnesses strangers to suit. Subject to the provisions of
this Code as to attendance and appearance and to any law for the time being in
1 Subs. by Act XIV of 1994, S.11
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force, where the Court at any time thinks it is necessary to examine any person other than a party
to the suit and not called as a witness by a party to the suit, the Court may, of its own motion, cause
such person to be summoned as a witness to give evidence, or to produce any document in his
possession, on a day to be appointed, and may examine him as a witness or require him to produce
such document.
15. Duty of persons summoned to give evidence or produce documents. Subject as last aforesaid
whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in
the summons for that purpose, and whoever is summoned to produce a document shall either attend to
produce it, or cause it to be produced, at such time and place.
16. When they may depart.__ (1) A person so summoned and attending shall, unless the Court
otherwise directs, 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.
17. Application of rules 10 to 13. The provisions of rules 10 to 13 shall, so far as they are
applicable, be deemed to apply to any person who having attended in compliance with a summons
departs, without lawful excuse, in contravention of rule 16.
18. Procedure where witness apprehended cannot give evidence or produce document. Where
any person arrested under a warrant is brought before the Court in custody and cannot, owing to the
absence of the parties or any of them, give the evidence or produce the document which he has been
summoned to give or produce, the Court may require him to give reasonable bail or other security for
his appearance at such time and place as it thinks fit, and, on such bail or security being given, may
release him, and, in default of his giving such bail or security, may order him to be detained in the civil
prison.
1[19. No witness to be ordered to attend in person unless resident within certain limits. A
person shall not be asked by a Court to attend in person to give evidence unless he resides at any place
in Pakistan.].
20. Consequence of refusal of party to give evidence when called on by Court. Where any
party to a suit present in Court refuses, without lawful excuse, when required by the Court, to give
evidence or to produce any document then and there in his possession or power, the Court may
pronounce judgment against him or make such order in relation to the suit as it thinks fit.
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.
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