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Order 16: Summoning Witnesses in List Explained

In civil litigation under the Code of Civil Procedure (CPC), 1908, summoning witnesses is a critical step to ensure both parties can present their evidence fairly. A common question arises: Order 16 if the Name of Witness is in the Witness List he should be Called as Witness? While listing a witness under Order 16 Rule 1 is essential, it doesn't automatically guarantee their summoning by the court. This post breaks down the rules, procedures, exceptions, and key judicial interpretations to help you navigate this process effectively.

Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case, as outcomes depend on individual facts.

What is Order 16 Rule 1 of CPC?

Order 16 Rule 1 governs the list of witnesses and summons to witnesses in civil suits. Parties must file a list of witnesses they intend to call, typically at the time of filing the plaint (for plaintiff) or written statement (for defendant).

Key Provisions of Order 16 Rule 1:

• Sub-rule (1): The plaintiff must file a list of witnesses with the plaint. The defendant does the same with their written statement.


• Sub-rule (2): The party may summon these witnesses through the court or produce them without a summons.


• Sub-rule (3): Crucially, the court may permit summoning a witness not in the list if the party shows sufficient cause for the omission, with reasons recorded in writing. (the Court may, for reasons to be recorded, permit any party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list.) Champalal Gulabji VS Manoharsinh Dilubha Vaghela - 2021 Supreme(Guj) 796

This structure ensures orderly trials while allowing flexibility for genuine oversights.

Does Listing a Witness Mean Automatic Summoning?

No, inclusion in the witness list does not mandate the court to summon them automatically. Here's why:

• Party's Responsibility: Under sub-rule (2), parties can produce witnesses themselves without court summons if listed. Courts aren't obligated to issue summons just because a name appears in the list. (It is not that everyone who is included in the list of witnesses is automatically summoned.) Kummari Chennaiah vs Sri K Raja Shekar - 2025 Supreme(Online)(Tel) 75145


• Court's Discretion: Summoning is at the court's discretion, exercised judiciously to prevent abuse. Parties must demonstrate the witness's relevance and necessity.


• No Routine Summoning: Courts reject frivolous or delayed requests. The Rule is if the grounds are made out for summoning of witness, he will be called not if the demand is belated, vexatious or frivolous. Kummari Chennaiah vs Sri K Raja Shekar - 2025 Supreme(Online)(Tel) 75145

In practice, if a listed witness doesn't appear voluntarily, the party must apply for a summons, justifying why court intervention is needed.

Summoning Witnesses Not in the List: Sufficient Cause Requirement

Order 16 Rule 1(3) is pivotal for unlisted witnesses. Courts can allow it only if sufficient cause is shown for the omission.

What Constitutes Sufficient Cause?

• Genuine Reasons: Inadvertence alone isn't enough if due to negligence. (Inadvertence is a form of negligence, therefore, non-production of evidence sought to be now produced, is attributable to negligence and failure to produce such evidence because of inadvertence negligence, is not a lawful ground...) Champalal Gulabji VS Manoharsinh Dilubha Vaghela - 2021 Supreme(Guj) 796


• Material Relevance: The witness must be essential for proving the case. Courts assess if their testimony is vital for deciding issues. (the court must facilitate examination of essential witnesses to ensure justice) Mangilipudi Akhil, S/o Late Venkata Saras Chandrababu VS Thota Pundarikakshulu, S/o Satyanarayana - 2023 Supreme(AP) 1560


• No Prejudice: Permission shouldn't cause undue delay or prejudice to the other side.

Case Examples:

• Rejection for Insufficient Cause: In a rent ejectment suit, the court rejected summoning an unlisted witness because the defendant failed to explain the omission adequately. The court held that the witness not mentioned in the list cannot be called merely for askance, and the party must provide reasons for the omission. Ramji Lal VS Bhoop Singh - 1992 Supreme(Raj) 797


• Allowed Despite Omission: Where documents/witnesses weren't in the party's custody earlier, courts permitted summoning, finding no prejudice. Champalal Gulabji VS Manoharsinh Dilubha Vaghela - 2021 Supreme(Guj) 796

Procedure for Summoning Witnesses

1. File the List: Submit under Order 16 Rule 1(1) early in proceedings.


2. Apply for Summons: Use Order 16 Rule 1(2) or (3) if needed. Specify witness details and relevance.


3. Court's Satisfaction: For non-compliance (e.g., witness fails to appear), courts follow Order 16 Rule 10 strictly—record service proof and materiality before ordering arrest. (Learned trial Judge has neither dealt with nor recorded any finding as to whether evidence of said witnesses summoned is material...) Meenakshi VS Ayyar - 2021 Supreme(Mad) 3101


4. Affidavits and Evidence: Examination-in-chief can be by affidavit (post-amendments), but unlisted witnesses need court nod. A person not in the list cannot tender affidavit in lieu of chief examination without permission. Anita Sitaram Sawant VS Gosar Developers - 2017 Supreme(Bom) 218

Judicial Interpretations and Key Precedents

Indian courts have clarified these rules through landmark rulings:

• Flexibility for Justice: In any case, it is settled legal position that no litigant can be denied the opportunity to prove his case, unless it is clear that presence of such witnesses is not necessary at all. DHARMENDRAKUMAR MAGANBHAI PARMAR VS PUSHAPABEN DHARMENDRABHAI PARMAR D/O LAKSHMANBHAI DUNGARBHAI PARMAR - 2021 Supreme(Guj) 221


• Summoning Parties as Witnesses: Under Order 16 Rule 21, parties can summon opponents, but only with sufficient cause. No compulsion without justification. Ramaniyam Real Estate Pvt Ltd. vs Gunda Ramani - 2025 Supreme(Mad) 4989 Ramaniyam Real Estate Pvt. Ltd. vs Gunda Ramani - 2025 Supreme(Online)(Mad) 69786


• Rejection of Mechanical Orders: Arrest warrants for non-attendance require procedural compliance; casual orders are set aside. Meenakshi VS Ayyar - 2021 Supreme(Mad) 3101


• Witness Protection and Relevance: In criminal contexts (analogous principles), threat assessments ensure key witnesses appear safely. MR.AZMEERA RAJU vs THE STATE OF KARNATAKA HOME DEPARTMENT - 2025 Supreme(Online)(Kar) 30714

Courts emphasize natural justice—opportunities to lead evidence can't be shut arbitrarily, but delays from negligence aren't excused. (examination-in-chief already recorded -- witness relevant to prove pleadings of defendant -- not turning up before trial Court for some reason -- rejection of application solely on ground of causing delay not acceptable) Anand Kumar Goyal VS Indar Bhushan Taretiya - 2025 Supreme(MP) 61

Common Pitfalls and Best Practices

• Avoid Belated Applications: File lists promptly; explain delays convincingly.


• Prove Necessity: Link witness to specific pleadings/issues.


• Prepare for Rejection: Negligence (e.g., oversight) won't suffice; show diligence.


• Costs and Consequences: Frivolous summons can lead to costs; non-attendance may invite penalties under Order 16 Rule 10.

| Scenario | Likely Outcome |
|----------|---------------|
| Witness in list, party produces voluntarily | No court summons needed |
| Listed witness absent, no justification | Summons may be denied |
| Unlisted but material, sufficient cause shown | Permitted with recorded reasons |
| Vexatious/delayed request | Rejected, possible costs |

Conclusion: Balancing Rights and Procedure

Under Order 16, a witness in the list should generally be allowed if relevant, but courts retain discretion to ensure fairness and efficiency. Automatic summoning isn't the rule—parties bear primary responsibility, with courts intervening judiciously. For unlisted witnesses, sufficient cause is key, backed by reasons in writing.

Key Takeaways:
- List witnesses early under Rule 1(1).
- Produce them yourself if possible.
- Seek court summons only when necessary, proving materiality.
- Courts prioritize justice but curb abuse.

This framework upholds trial fairness while preventing dilatory tactics. For case-specific guidance, approach a legal professional.

References: Insights drawn from judicial precedents including Ramji Lal VS Bhoop Singh - 1992 Supreme(Raj) 797, Champalal Gulabji VS Manoharsinh Dilubha Vaghela - 2021 Supreme(Guj) 796, Mangilipudi Akhil, S/o Late Venkata Saras Chandrababu VS Thota Pundarikakshulu, S/o Satyanarayana - 2023 Supreme(AP) 1560, Meenakshi VS Ayyar - 2021 Supreme(Mad) 3101, Anita Sitaram Sawant VS Gosar Developers - 2017 Supreme(Bom) 218, Kummari Chennaiah vs Sri K Raja Shekar - 2025 Supreme(Online)(Tel) 75145, Anand Kumar Goyal VS Indar Bhushan Taretiya - 2025 Supreme(MP) 61, DHARMENDRAKUMAR MAGANBHAI PARMAR VS PUSHAPABEN DHARMENDRABHAI PARMAR D/O LAKSHMANBHAI DUNGARBHAI PARMAR - 2021 Supreme(Guj) 221, Ramaniyam Real Estate Pvt Ltd. vs Gunda Ramani - 2025 Supreme(Mad) 4989, Ramaniyam Real Estate Pvt. Ltd. vs Gunda Ramani - 2025 Supreme(Online)(Mad) 69786.