3. Tender of expenses to witness.—The sum so paid into Court shall be tendered to the person summoned, at the time of serving the summons, if it can be served personally.
Order XVI Rule 3 CPC: Tender of expenses to witness
Bare Act text
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
The sum paid into Court for a witness's expenses must be tendered to the person summoned at the time the summons is served, if it can be served personally. The witness thus receives the expenses when the summons is delivered.
Order XVI: Summoning And Attendance Of Witnesses
- 1 List of witnesses and summons to witnesses
- 1A Production of witnesses without summons
- 2 Expenses of witness to be paid into Court on applying for summons
- 3 Tender of expenses to witness
- 4 Procedure where insufficient sum paid in
- 5 Time, place and purpose of attendance to be specified in summons
- 6 Summons to produce document
- 7 Power to require persons present in Court to give evidence or produce document
- 7A Summons given to the party for service
- 8 Summons how served
- 9 Time for serving summons
- 10 Procedure where witness fails to comply with summons
- 11 If witness appears, attachment may be withdrawn
- 12 Procedure if witness fails to appear
- 13 Mode of attachment
- 14 Court may of its own accord summon as witnesses strangers to suit
- 15 Duty of persons summoned to give evidence or produce document
- 16 When they may depart
- 17 Application of rules 10 to 13
- 18 Procedure where witness apprehended cannot give evidence or produce document
- 19 No witness to be ordered to attend in person unless resident within certain limits
- 20 Consequence of refusal of party to give evidence when called on by Court
- 21 Rules as to witnesses to apply to parties summoned