Caveat India

Order 16 rule 6 CPC for summoning Original documents

Order 16 rule 6 CPC for summoning Original documents .Order 16  Rule 6 of the Code of Civil Procedure (CPC), 1908,  is provision whereby a court  can  issue summons to any person for the  purpose of producing documents  and without requiring them to give oral evidence. Therefore it is a case where a  witness  is called  for the purpose  to produce documents only.

Order XVI Rule 6 CPC . Summons to produce document

Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.

Difference between  Order 16 Rule 6 deals and  Order 11 Rule 14 CPC

There is a fundamental difference in both the provisions because  Order 16 Rule 6 CPC  deals with summoning witnesses to produce documents and Order 11 Rule 14 allows the court to order any party to the suit to produce documents. Prior to filing an Order 11 rule 14  application read with section 30 CPC it is imperative that a notice under order 12 rule 8 CPC is served upon the party  to produce documents giving a prior chance to produce them in the next date of hearing . The said Notice is served upon the party in the letterhead of the Advocate .

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