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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
No. 13
SUMMONS TO WITNESS [O. 16, R. 1, 5]
(Title)
To
Whereas your attendance is required to ...... on behalf of the ................................. in the above suit, you are hereby required [personally] to appear before this court on the ........ day of......... 19.... /20 ......, at ..... o'clock in the forenoon, and to bring with you [or to send to this ............. court].
A sum of Rs......... being your travelling and other expenses and subsistence allowances for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908.
Given under may hand and the seal of the court, this ............. day of......... 19..... /20 ......
Judge.
Notice :
(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this court on the day and hour aforesaid.
(2) If you are detained beyond the day aforesaid, a sum of Rs..... will be tendered to you for each day's attendance beyond the day specified.
Guidelines for Drafting Summons to Witness [O. 16, R. 1, 5]:
Title and Heading: Begin with a clear title, "Summons to Witness [Order 16, Rule 1, 5]," specifying the court details, case number, and parties involved.
Introduction: Provide a concise introduction, outlining the purpose of the summons. Such summonses are used to compel the attendance of witnesses in legal proceedings.
Legal Basis: Clearly cite Order 16, Rule 1, 5 as the legal foundation for issuing the summons, emphasizing the obligation of witnesses to appear before the court.
Details of Witness: Clearly identify the witness by name, address, and occupation. Include specific details about their role or knowledge relevant to the case.
Date, Time, and Place: Specify the date, time, and place where the witness is required to appear, ensuring clarity and adherence to court schedules.
Common Mistakes to Avoid:
Inadequate Witness Details: Ensure accurate and complete identification of the witness, preventing any confusion or difficulty in locating and serving the summons.
Unclear or Ambiguous Language: Use clear and straightforward language in the summons, avoiding any ambiguity that may lead to misinterpretation by the witness.
Neglecting Legal Formalities: Familiarize yourself with procedural rules governing summonses under Order 16, adhering strictly to timelines and requirements.
Failure to Serve Timely: Ensure prompt and proper service of the summons to witnesses, allowing sufficient time for them to prepare and appear in court.
Lack of Clarity in Purpose: Clearly state the purpose of the witness's testimony, avoiding any vagueness that may hinder their understanding of their role in the legal proceedings.
Summonses to witnesses under Order 16, Rule 1, 5 are crucial for securing the attendance of individuals with relevant information in legal cases. Following these guidelines and avoiding common mistakes ensures that the summons is legally sound, effectively communicates the requirements to the witness, and contributes positively to the court's fact-finding process.