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 Pr...

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