Pvt_RajKing (Private) 29 March 2011

List of witnesses and Summons

Hello,

Please help with the following:

Under Ord XVI of CPC

1. Which sub-rule is to be used for filing just the list of witnesses?

2. Is there a form (in AP) that needs to be used for the above purpose?

3. Is there a special fee for this application?

4. Under which sub-rule to file an application for summons to witneeses? What are the fees and how to pay it?

5. AP Civil Court Rules 93 and Form 20, seems similar but not sure for which one of the above to be used.

Your item by item response will not only help me but will also help few others who had similar questions but didn't get the needed details.

Thanks

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2 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 30 March 2011

AP Civil Court Rules 93 and Form 20, R/W 151 cpc -along with prescribed fee should be enclosed.to call witness by summening through court.

Pvt_RajKing (Private) 13 April 2011

THanks. I already took care of that...

1. It is Form 20 under AP Civil Court Rules 93 , R/W ORDER XVI Rule 1 CPC. I guess S.151 is optional here as it is already covered in Order XVI.

2. It is the same from for requesting summons... You just need to file a process sheet (form 61, I think) and pay roughly Rs35/witnesses and the allowances.

Also, if you want to serve the summons to the witnesses by yourself then you can file an application under ORADER XVI - 7A of CPC for personal service of summons [ this will avoid delays and not receiving acknowledgement etc via post).. You don't need to bribe anyone to get the summons served if u follow this process.

The proof of service can be filed with the court using ORD V - Rule 16 & 18 of CPC - signature and witness of service....

One other thing is that if you are calling the opposite parties as witness then you can serve their lawyer/counsel instead the parties... This is valid as per ORD III - 5 of CPC for serving it on pleader.

Hope these help!