9. Time for serving summons.—Service shall in all cases be made a sufficient time before the time specified in the summons for the attendance of the person summoned, to allow him a reasonable time for preparation and for travelling to the place .at which his attendance is required.
Order XVI Rule 9 CPC: Time for serving summons
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
Service of a witness summons must in all cases be made a sufficient time before the time specified for attendance. The witness must have reasonable time to prepare and to travel to the place where attendance is required.
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- 11 If witness appears, attachment may be withdrawn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