The party applying for a summons shall, before the summons is granted and within a period to be fixed, pay into Court such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which he is required to attend, and for one day's attendance.

Experts-In determining the amount payable under this rule, the Court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case.

Scale of expenses.-Where the Court is subordinate to High Court, regard shall be had, in fixing the scale of such expenses to a any rules made in that behalf.

[] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] Expenses to be directly paid to witnesses.-Where the summons is served directly by the party on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.]

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Bombay].-In Order XVI, rule 2, substitute a colon for the full stop appearing at the endof sub-rule (1) and add thereafter the following proviso: "Provided that where Government or a public officer being a party to a suit or proceeding as such public officer supported by Government in the litigation, applies for a summons to any public officer to whom the Civil Service Regulations apply to give evidence of facts which have come to his knowledge or of matters with which he has to deal as a public officer, or to produce any document from public records, the Government or the aforesaid officer shall not be required to pay any sum of money on account of the travelling and other expenses of such witness."-(1-10-1983). [Calcutta].-Cancel clauses (1) and (2) and substitute therefor the following: (1) "The Court shall fix in respect of each summons such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the persons summoned, in passing to and from the Court in which he is required to attend, and for one day's attendance. (2) In fixing such an amount the Court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case." [Delhi].-Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Gujarat].-Same as that of Bombay-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Kerala].-Sub-rule (4)-Same as that of Madras-(9-6-1959). [Madhya Pradesh].-Add the following as an exception to sub-rule (I):- "Exception.-When applying for a summons for any of its own officers, Government and State Railway administrations will be exempt from the operation of sub-rule (1)."-(16-9-1960). [Madras].-Add clause (4):-"Where the summons is served on the witnesses by the party directly, the expenses mentioned in clause (1) shall be paid to the witnesses by the party or his agent."-(1-11-1951). [Orissa].-Same as that of Patna. [Patna].-Add the following proviso to Order XVI, rule 2(1): "Provided that the Government shall not be required to pay any expenses into Court under this rule when it is the party applying for the summons, and the person to be summoned is an officer serving under Government, who is summoned to give evidence of facts which have come to his knowledge, or of matters with which he has to deal, in his public capacity."-(13-2-1952). [Punjab].-Add the following as an exception to rule 2(1): "Exception.-When applying for a summons for any of its own officers, Government will be exempt from the operation of clause (1)."-(1-11-1966).

The party applying for a summons shall, before the summons is granted and within a period to be fixed, pay into Court such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which he is required to attend, and for one day's attendance.

Experts-In determining the amount payable under this rule, the Court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case.

Scale of expenses.-Where the Court is subordinate to High Court, regard shall be had, in fixing the scale of such expenses to a any rules made in that behalf.

[] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] Expenses to be directly paid to witnesses.-Where the summons is served directly by the party on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.]

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Bombay].-In Order XVI, rule 2, substitute a colon for the full stop appearing at the endof sub-rule (1) and add thereafter the following proviso: "Provided that where Government or a public officer being a party to a suit or proceeding as such public officer supported by Government in the litigation, applies for a summons to any public officer to whom the Civil Service Regulations apply to give evidence of facts which have come to his knowledge or of matters with which he has to deal as a public officer, or to produce any document from public records, the Government or the aforesaid officer shall not be required to pay any sum of money on account of the travelling and other expenses of such witness."-(1-10-1983). [Calcutta].-Cancel clauses (1) and (2) and substitute therefor the following: (1) "The Court shall fix in respect of each summons such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the persons summoned, in passing to and from the Court in which he is required to attend, and for one day's attendance. (2) In fixing such an amount the Court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case." [Delhi].-Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Gujarat].-Same as that of Bombay-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Kerala].-Sub-rule (4)-Same as that of Madras-(9-6-1959). [Madhya Pradesh].-Add the following as an exception to sub-rule (I):- "Exception.-When applying for a summons for any of its own officers, Government and State Railway administrations will be exempt from the operation of sub-rule (1)."-(16-9-1960). [Madras].-Add clause (4):-"Where the summons is served on the witnesses by the party directly, the expenses mentioned in clause (1) shall be paid to the witnesses by the party or his agent."-(1-11-1951). [Orissa].-Same as that of Patna. [Patna].-Add the following proviso to Order XVI, rule 2(1): "Provided that the Government shall not be required to pay any expenses into Court under this rule when it is the party applying for the summons, and the person to be summoned is an officer serving under Government, who is summoned to give evidence of facts which have come to his knowledge, or of matters with which he has to deal, in his public capacity."-(13-2-1952). [Punjab].-Add the following as an exception to rule 2(1): "Exception.-When applying for a summons for any of its own officers, Government will be exempt from the operation of clause (1)."-(1-11-1966).