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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 4 CPC: Procedure where insufficient sum paid in

Bare Act text

4. Procedure where insufficient sum paid in.—(1) Where it appears to the Court or to such officer as it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be necessary on that account, and, in case of default in payment, may order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons; or the Court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid.

(2) Expenses of witnesses detained more than one day.—Where it is necessary to detain the person summoned for a longer period than one day, the Court may, from time to time, order the party at whose instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his detention for such further period, and, in default of such deposit being made, may order such sum to be levied by attachment and sale of the movable property of such party; or the Court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid.

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 the Court or its appointed officer finds the sum paid in insufficient for expenses or reasonable remuneration, the Court may direct a further sum to be paid. On default, it may order the sum levied by attachment and sale of the movable property of the party who obtained the summons, or discharge the person summoned without his giving evidence, or both. Where a person must be detained longer than one day, the Court may likewise order the party to pay in a sum for detention expenses, with the same consequences on default.

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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