CPC, 1908 · Part I · Summons & Discovery

Summons to witnesses

The same summons machinery used for defendants also calls in witnesses.

§ 31

The bare Act

31. Summons to witnesses.

The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

How to read Section 31

What it is about

A short bridge section. It carries over the whole summons machinery of §§27–29 — built for defendants — and applies it to witnesses.

For what

A witness may be summoned to give evidence or to produce documents / other material objects.

So it includes

Issue & service (§27), service in another State (§28) and foreign service (§29) — all apply to witness summonses.

What carries over to witnesses

§§27–29 → applied to witnesses

§27issue & serve (within 30 days)

§28service in another State

§29foreign summonses

→

Witness summonsto give evidence · or produce documents / objects

Phrase by phrase

IncorporatesThe provisions in sections 27, 28 and 29 shall applyPulls in the entire summons machinery of §§27–29 — issue (§27, with the 30-day rule), service in another State (§28) and foreign service (§29).Adopts §§27–29

To witnessesto summonses to give evidence or to produce documents or other material objects…and applies it to summonses to witnesses — to give evidence or to produce documents / material objects.Witness summonses

Connected rules & sections

§ 27

Summons to defendants

Issue & service — now read for witnesses.

§ 28

Another State

A witness in another State can be summoned the same way.

§ 29

Foreign summonses

Foreign-court witness processes too.

§ 30(b)

Power to summon

The court’s power to order witness attendance / production.

O.XVI

Summoning witnesses

The detailed rules — list of witnesses, summons, expenses, attendance.

§ 32

Penalty for default

What follows if a summoned person fails to comply.

← §30 — discoveryNext: §32 — penalty for default