Rule 2 of CPC : Rule 2: Expenses of witness to be paid into Court on applying for summons.

Explanation using Example

Example 1:

Scenario: Ramesh is involved in a civil lawsuit regarding a property dispute in a court in Mumbai. He believes that his neighbor, Suresh, who witnessed the original property agreement, can provide crucial testimony to support his case.

Application of Rule 2:

1. Applying for Summons: Ramesh applies to the court for a summons to be issued to Suresh.
2. Payment of Expenses: Before the court grants the summons, Ramesh must pay into the court a sum of money to cover Suresh's travel expenses from his home to the court and back, as well as one day's attendance fee.
3. Court's Determination: The court calculates the amount based on the distance Suresh needs to travel and the standard attendance fee.
4. Issuance of Summons: Once Ramesh deposits the required amount, the court issues the summons to Suresh.

Example 2:

Scenario: Priya is involved in a civil case concerning a medical malpractice claim in a court in Delhi. She wants to summon Dr. Mehta, a renowned medical expert, to provide expert testimony on the standard of care in her case.

Application of Rule 2:

1. Applying for Summons: Priya applies to the court for a summons to be issued to Dr. Mehta.
2. Payment of Expenses: Before the court grants the summons, Priya must pay into the court a sum of money to cover Dr. Mehta's travel expenses and one day's attendance fee.
3. Expert Remuneration: Since Dr. Mehta is an expert, the court also allows reasonable remuneration for the time he will spend giving evidence and any preparatory work required.
4. Court's Determination: The court calculates the total amount, including travel expenses, attendance fee, and expert remuneration.
5. Issuance of Summons: Once Priya deposits the required amount, the court issues the summons to Dr. Mehta.

Example 3:

Scenario: Anil is involved in a civil case in a subordinate court in Chennai. He needs to summon a witness, Ravi, who lives in a different city.

Application of Rule 2:

1. Applying for Summons: Anil applies to the court for a summons to be issued to Ravi.
2. Payment of Expenses: Before the court grants the summons, Anil must pay into the court a sum of money to cover Ravi's travel expenses and one day's attendance fee.
3. Scale of Expenses: Since the court is subordinate to the Madras High Court, the court considers the rules made by the High Court regarding the scale of expenses.
4. Court's Determination: The court calculates the amount based on the High Court's rules.
5. Issuance of Summons: Once Anil deposits the required amount, the court issues the summons to Ravi.

Example 4:

Scenario: Sunita is involved in a civil case in a court in Bangalore. She needs to summon a witness, Neha, who lives nearby.

Application of Rule 2:

1. Applying for Summons: Sunita applies to the court for a summons to be issued to Neha.
2. Direct Payment to Witness: Sunita opts to serve the summons directly to Neha.
3. Payment of Expenses: Sunita pays Neha directly for her travel expenses and one day's attendance fee.
4. Issuance of Summons: Once Neha receives the payment, she agrees to attend the court as a witness.