witness not turning up

What are the facts?

What is your locus in the matter?

(1) The Court may, on the application of any party for the issue of a summons for the attendance of any person, permit such party to effect service of such summons on such person and shall, in such a case, deliver the summons to such party for service.

(3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list.

Order XVI Rule (1) and (2) of the CPC in unequivocal terms provide that the court suo moto or on an application, can issue summons to a witness to appear in the court.

If you want the witness to be present before court, then you can endorse no objection to this petition.

Seek advise of your lawyer, if you are the plaintiff.

However, if you are counsel for plaintiff procedure is already provided in the provision mentioned by you.