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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XVI: Summoning And Attendance Of Witnesses

Order XVI Rule 11 CPC: If witness appears, attachment may be withdrawn

Bare Act text

11. If witness appears, attachment may be withdrawn.—Where, at any time after the attachment of his property, such person appears and satisfies the Court,—

(a) that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid service, and

(b) where he has failed to attend at the time and place named in a proclamation issued under the last preceding rule, that he had no notice of such proclamation in time to attend, the Court shall direct that the property be released from attachment, and shall make such order as to the costs of the attachment as it thinks fit.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

If, after his property has been attached, the person appears and satisfies the Court that he did not without lawful excuse fail to comply with the summons or intentionally avoid service, and, where he missed a proclamation, that he had no notice of it in time to attend, the Court shall direct that the property be released from attachment. The Court makes such order as to the costs of the attachment as it thinks fit.

Order XVI: Summoning And Attendance Of Witnesses

  1. 1 List of witnesses and summons to witnesses
  2. 1A Production of witnesses without summons
  3. 2 Expenses of witness to be paid into Court on applying for summons
  4. 3 Tender of expenses to witness
  5. 4 Procedure where insufficient sum paid in
  6. 5 Time, place and purpose of attendance to be specified in summons
  7. 6 Summons to produce document
  8. 7 Power to require persons present in Court to give evidence or produce document
  9. 7A Summons given to the party for service
  10. 8 Summons how served
  11. 9 Time for serving summons
  12. 10 Procedure where witness fails to comply with summons
  13. 11 If witness appears, attachment may be withdrawn
  14. 12 Procedure if witness fails to appear
  15. 13 Mode of attachment
  16. 14 Court may of its own accord summon as witnesses strangers to suit
  17. 15 Duty of persons summoned to give evidence or produce document
  18. 16 When they may depart
  19. 17 Application of rules 10 to 13
  20. 18 Procedure where witness apprehended cannot give evidence or produce document
  21. 19 No witness to be ordered to attend in person unless resident within certain limits
  22. 20 Consequence of refusal of party to give evidence when called on by Court
  23. 21 Rules as to witnesses to apply to parties summoned
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