Date:- 07/07/2026

Rule 2. Procedure if parties fail to appear on day fixed.—

Where, on any day to which the hearing of the

suit is adjourned,

the parties or any of them fail to appear,

the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX

or

make such other order as it thinks fit.

Explanation.—Where the evidence

or

a substantial portion of the evidence of any party has already been recorded

and

such party fails to appear on any day to which the hearing of the suit is adjourned,

the Court

may,

in its discretion proceed with the case as if such party were present.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 06/07/2026

Adjournment

Rule 1. Court may grant time and adjourn hearing.—

(1) The court 

may, 

if sufficient cause is shown,

at any stage of the suit 

grant time to the parties or to any of them,

and 

may from time to time

adjourn the hearing of the suit for reasons to be recorded in writing:

Provided that 

no such adjournment shall be granted more than three times to a party during hearing of the suit.

(2) Costs of adjournment.—

In every such case 

the Court shall fix a day for the further hearing of the suit, 

and 

shall make such orders as to costs occasioned by the adjournment or such higher costs as the court deems fit:

Provided that,—

(a) when the hearing of the suit has commenced, 

it shall be continued from day-to-day until all the witnesses in attendance have been examined, 

unless the Court finds that, for the exceptional reasons to be recorded by it, 

the adjournment of the hearing beyond the following day is necessary.

(b) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party,

(c) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment,

(d) where the illness of a pleader or his inability to conduct the case for any reason,

other than his being engaged in another Court, 

is put forward as a ground for adjournment, 

the Court shall not grant the adjournment

unless it is satisfied that 

the party applying for adjournment could not have engaged another pleader in time,

(e) where a witness is present in Court but

a party

or

his pleader is not present

or

the party or his pleader, though present in Court, 

is not ready to examine

or

cross-examine the witness, 

the Court

may, if it thinks fit, 

record the statement of the witness 

and 

pass such orders as it thinks fit

dispensing with

the examination-in-chief

or

cross-examination of the witness, as the case may be, 

by the party or his pleader not present or not ready as aforesaid.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 05/07/2026

Rule 4. Power of State Government to exclude certain persons from the operation of rule 2.—

(1) The State Government

may,

at any time,

having regard to the matters specified in sub-rule (2),

by general or special order,

direct that

any person or class of persons shall not be removed from the prison in which

he or they may be confined or detained,

and thereupon,

so long as the order remains in force,

no order made under rule 2,

whether before or after the date of the order made by the State Government,

shall have effect in respect of such person or class of persons.

(2) Before making an order under sub-rule (1),

the State Government shall have regard to the

following matters, namely:—

(a) the nature of the offence for which,

or

the grounds on which,

the person or class of persons have been ordered to be confined or detained in prison;

(b) the likelihood of the disturbance of public order

if the person or class of persons is allowed to be removed from the prison;

and

(c) the public interest, generally.

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Rule 5. Officer in charge of prison to abstain from carrying out order in certain cases.—

Where the person in respect of whom an order is made under rule 2—

(a) is certified by the medical officer attached to the prison

as unfit to be removed from the prison

by reason of sickness or infirmity,

or

(b) is under committal for trial

or

under remand pending trial

or

pending a preliminary investigation;

or

(c) is in custody for a period

which would expire before the expiration of the time required for complying with the order

and

for taking him back to the prison in which he is confined or detained;

or

(d) is a person to whom an order made by the State Government under rule 4 applies,

the officer in charge of the prison shall abstain from carrying out the Court’s order

and

shall send to the Court a statement of reasons for so abstaining.

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Rule 6. Prisoner to be brought to Court in custody.—

In any other case,

the officer in charge of the prison shall, upon delivery of the Court’s order,

cause the person named therein to be taken to the Court

so as to be present at the time mentioned in such order,

and

shall cause him to be kept in custody

in or near the Court

until he has been examined

or

until the Court authorises him to be taken back to the prison

in which he is confined or detained.

——————————————————————

Rule 7. Power to issue commission for examination of witness in prison.—

(1)Where it appears to the Court that

the evidence of a person confined or detained in a prison,

whether within the State or elsewhere in India,

is material in a suit

but the attendance of such person cannot be secured under the preceding provisions of this Order,

the Court may issue a commission for

the examination of that person in the prison in which he is confined or detained.

(2) The provisions of Order XXVI shall, so far may be,

apply in relation to the examination on commission of such person in prison

as they apply in relation to the examination on commission of any other person.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 04/07/2026

ORDER XVI-A

Attendance of witnesses confined or detained in prisons

1. Definitions.— In this order,—

(a)“detained” includes detained under any law providing for preventive detention;

(b) “prison” includes—

(i) any place which has been

declared by the State Government,

by general or special order,

to be a subsidiary jail;

and

(ii) any reformatory,

borstal institution

or

other institution of a like nature.

——————————————————————

2. Power to require attendance of prisoners to give evidence.—

Where it appears to a Court that

the evidence of a person confined or detained in a prison within the State is material in a suit,

the Court

may make an order requiring the officer in charge of the prison to produce that person before the Court

to give evidence:

Provided that,

if the distance from the prison to the Court-house is more than twenty-five kilometers,

no such order shall be made

unless the Court is satisfied that

the examination of such person on commission will not be adequate.

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3. Expenses to be paid into Court.—

(1) Before making any order under rule 2,

the Court shall require the party

at whose instance

or

for whose benefit

the order is to be issued,

to pay into Court

such sum of money as appears to the Court

to be sufficient to defray the expenses of the execution of the order,

including the travelling and other expenses of the escort provided for the witness.

(2)Where the Court is subordinate to a High Court,

regard shall be had,

in fixing the scale of such expenses,

to any rules made by the High Court in that behalf.

——-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 03/07/2026

Rule 20. Consequence of refusal of party to give evidence when called on by Court.—

Where any party to a suit present in Court refuses,

without lawful excuse,

when required by the Court,

to give evidence

or

to produce any document then and there in his possession or power,

the Court may pronounce judgment against him

or

make such order in relation to the suit as it thinks fit.

—————————————————————

Rule 21. Rules as to witnesses to apply to parties summoned.—

Where any party to a suit is required

to give evidence

or

to produce a document,

the provisions as to witnesses shall apply to him so far as they are applicable.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 02/07/2026

Rule 19. No witness to be ordered to attend in person unless resident within certain limits.—

No one shall be ordered to attend in person to give evidence

unless he resides—

(a) within the local limits of the Court’s ordinary jurisdiction,

or

(b) without such limits but at a place

less then one hundred

or

(where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate)

less than five hundred kilometres distance from the court-house:

Provided that

where transport by air is available between the two places mentioned in this rule

and

the witness is paid the fare by air,

he may be ordered to attend in person.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 01/07/2026

Rule 17. Application of rules 10 to 13.—

The provisions of rules 10 to 13 shall, so far as they are applicable,

be deemed to apply to any person

who having attended in compliance with a summons

departs, without lawful excuse, in contravention of rule 16.

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Rule 18. Procedure where witness apprehended cannot give evidence or produce document.—

Where any person arrested under a warrant

is brought before the Court in custody

and

cannot,

owing to the absence of the parties or any of them,

give the evidence or produce the document

which he has been summoned to give or produce,

the court

may

require him to give reasonable bail or other security

for his appearance at such time and place as it thinks fit,

and,

on such bail or security being given,

may release him,

and,

in default of his giving such bail or security,

may order him to be detained in the civil prison.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 30/06/2026

Rule 15. Duty of persons summoned to give evidence or produce document. —

Subject as last aforesaid,

whoever is summoned to appear and give evidence in a suit

shall attend

at the time and place named in the summons for that purpose,

and

whoever is summoned to produce a document

shall

either attend to produce it,

or

cause it to be produced,

at such time and place.

——————————————————————

Rule 16. When they may depart.—

(1) A person so summoned and attending

shall,

unless the Court otherwise directs,

attend at each hearing

until the suit has been disposed of.

(2) On the application of either party

and

the payment through the Court of all necessary expenses (if any),

the Court

may

require any person so summoned and attending

to furnish security to attend at the next or any other hearing

or

until the suit is disposed of

and,

in default of his furnishing such security,

may order him to be detained in the civil prison.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 29/06/2026

Rule 13. Mode of attachment.—

The provisions with regard to

the attachment and sale of property in the execution of a decree

shall,

so far as they are applicable,

be deemed to apply to any attachment and sale under this Order

as if the person whose property is so attached were a judgment-debtor.

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Rule 14. Court may of its own accord summon as witnesses strangers to suit.—

Subject to

the provisions of this Code as to attendance and appearance

and

to any law for the time being in force,

where the Court at any time thinks it necessary

to examine any person, including a party to the suit and not called as a witness by a party to the suit,

the Court

may,

of its own motion,

cause such person to be summoned as a witness to give evidence,

or

to produce any document in his possession,

on a day to be appointed,

and

may examine him as a witness

or

require him to produce such document.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Date:- 28/06/2026

Rule 12. Procedure if witness fails to appear.—

(1)

The Court

may,

where such person does not appear,

or

appears but fails so to satisfy the Court,

impose upon him such fine not exceeding five hundred rupees as it thinks fit,

having regard to his condition in life and all the circumstances of the case,

and

may order his property, or any part thereof,

to be attached and sold or, if already attached under rule 10,

to be sold for the purpose of satisfying

all costs of such attachment, together with the amount of the said fine, if any:

Provided that,

if the person whose attendance is required pays into Court

the costs and fine aforesaid,

the Court shall order the property to be released from attachment.

(2) Notwithstanding that

the Court has

not issued a proclamation under sub-rule (2) of rule 10,

nor issued a warrant

nor ordered attachment under sub-rule (3) of that rule,

the Court may impose fine under sub-rule (1) of this rule

after giving notice to such person

to show cause why the fine should not be imposed.

—-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.