Rule 12 of CPC : Rule 12: Procedure if witness fails to appear.

Explanation using Example

Example 1:

Scenario: Ramesh is a key witness in a civil case regarding a property dispute. He was summoned by the court to appear on a specific date to provide his testimony. However, Ramesh fails to appear in court on the scheduled date without providing any valid reason.

Application of Rule 12:

1. The court notices Ramesh's absence and decides to take action.
2. The court considers Ramesh's financial condition and the circumstances of the case.
3. The court imposes a fine of ₹300 on Ramesh for failing to appear.
4. Additionally, the court orders the attachment and sale of Ramesh's motorcycle to cover the costs of the attachment and the fine.
5. Ramesh is notified of the fine and the attachment order.
6. If Ramesh pays the fine and the costs into the court, the court will release his motorcycle from attachment.

Example 2:

Scenario: Sita is summoned as a witness in a civil case involving a breach of contract. She appears in court but refuses to provide satisfactory answers to the court's questions.

Application of Rule 12:

1. The court determines that Sita's refusal to provide satisfactory answers is equivalent to failing to appear.
2. The court considers Sita's financial condition and the circumstances of the case.
3. The court imposes a fine of ₹200 on Sita for her non-cooperation.
4. The court orders the attachment and sale of Sita's gold necklace to cover the costs of the attachment and the fine.
5. Sita is given notice to show cause why the fine should not be imposed.
6. If Sita pays the fine and the costs into the court, the court will release her gold necklace from attachment.

Example 3:

Scenario: Mohan is a witness in a civil case regarding a loan dispute. He was summoned to appear in court but did not show up. The court had not previously issued a proclamation or a warrant for his appearance.

Application of Rule 12:

1. The court decides to impose a fine on Mohan for failing to appear.
2. The court sends a notice to Mohan, asking him to show cause why the fine should not be imposed.
3. Mohan fails to provide a satisfactory explanation.
4. The court imposes a fine of ₹400 on Mohan.
5. The court orders the attachment and sale of Mohan's television to cover the costs of the attachment and the fine.
6. If Mohan pays the fine and the costs into the court, the court will release his television from attachment.