Rule 10 of CPC : Rule 10: Procedure where witness fails to comply with summons.

Explanation using Example

Example 1:

Scenario: Ramesh is a key witness in a civil case regarding a property dispute in Mumbai. The court issues a summons for Ramesh to attend and give evidence on a specific date. However, Ramesh fails to appear in court on the given date.

Application of Rule 10:

1. The court checks the certificate of the serving officer to verify if the summons was properly served.
2. If the certificate is not verified by an affidavit, the court will examine the serving officer or the party who served the summons to confirm whether Ramesh received it.
3. If the court believes Ramesh's testimony is crucial and he has no lawful excuse for not attending, it may issue a proclamation requiring him to attend court on a new date.
4. A copy of this proclamation is affixed to the outer door of Ramesh's house.
5. If Ramesh still fails to comply, the court may issue a warrant for his arrest and order the attachment of his property to cover the costs of the attachment and any potential fines.

Example 2:

Scenario: Priya is required to produce certain financial documents in a civil lawsuit involving a breach of contract in Delhi. She receives a summons but does not produce the documents by the specified date.

Application of Rule 10:

1. The court first verifies the service of the summons through the serving officer's certificate.
2. If the certificate is verified, the court may examine the serving officer under oath to confirm that Priya received the summons.
3. Believing the documents are essential for the case and that Priya has no valid reason for not producing them, the court issues a proclamation demanding she produce the documents at a specified time and place.
4. This proclamation is posted on the outer door of Priya's residence.
5. If Priya continues to ignore the summons, the court may issue a warrant for her arrest and order the attachment of her property to cover the costs and any fines that may be imposed.

Example 3:

Scenario: Sunita is summoned to testify in a civil case about a car accident in Bangalore. She intentionally avoids the service of the summons by not being at her residence when the serving officer arrives.

Application of Rule 10:

1. The court examines the serving officer to confirm that Sunita intentionally avoided the service of the summons.
2. Concluding that Sunita's testimony is important and she has no lawful excuse for avoiding the summons, the court issues a proclamation requiring her to attend court on a new date.
3. A copy of the proclamation is posted on the outer door of Sunita's house.
4. If Sunita still does not comply, the court may issue a warrant for her arrest and order the attachment of her property to cover the costs and any fines.

Example 4:

Scenario: Ajay is required to produce a contract document in a civil case in Chennai. He receives the summons but claims he lost the document and does not attend the court.

Application of Rule 10:

1. The court verifies the service of the summons through the serving officer's certificate.
2. If the certificate is verified, the court may examine the serving officer under oath to confirm that Ajay received the summons.
3. The court believes the document is crucial and Ajay has no lawful excuse for not attending or producing the document. It issues a proclamation demanding Ajay to produce the document at a specified time and place.
4. This proclamation is posted on the outer door of Ajay's residence.
5. If Ajay continues to ignore the summons, the court may issue a warrant for his arrest and order the attachment of his property to cover the costs and any fines that may be imposed.