Where any party to a suit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him so for as they are applicable.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Calcutta].-Substitute the following:"21. (1) When any party to a suit is required by any other party thereto to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as applicable. (2) When a party to a suit gives evidence on his own behalf, the Court may, in its discretion, permit him to include as costs in the suit a sum of money equal to the amount payable for travelling and other expenses to other witnesses in the case of similar standing." [Gauhati].-Same as that of Calcutta. [Karnataka].-Same as that of Madras-(R.O.C. 2526/1959, dated 19-2-1967).[Kerala].-Same as that of Madras-(9-6-1959). [Madras].-Substitute the following for rule 21: 21. Rules in case of parties appearing as witnesses.- (1) When any party to a suit is required by any other party thereto to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as applicable. (2) When a party to a suit gives evidence on his own behalf, the Court may, in its discretion, permit him to include as costs in the suit a sum of money equal to the amount payable for travelling and other expenses to other witnesses in the case of similar standing." Rules 22 and 23-[Allahabad].-Add the following to Order 16 as rules 22 and 23:- 22. (1) Save as provided in this rule and in rule 2, the Court shall allow witnesses reasonable actual travelling expenses. Other expenses to be allowed to them shall be on the following scale, namely: (a) in the case of witnesses of the class of cultivators, labourers and persons, including Government servants of corresponding rank-rupee one per day; (b) in the case of witnesses of a better class, such as bhumidars and sirdars, traders, pleaders and persons including Government servants, of corresponding rank-rupee one and fifty naye paise to rupees three per day; (c) in the case of witnesses of a superior rank including Government servants-from rupees three and fifty naye paise to rupees six per day: Provided that where a Government servant is summoned to produce official documents or to give evidence of facts which came to his knowledge in the discharge of his public duties, he shall be paid travelling and other expenses at the rates admissible to him as for journeys on tour in accordance with the travelling allowance rules applicable to him.-(14-3-1953). (2) If a witness demands any sum excess of in what has been paid to him, such sum shall be allowed if he satisfies the Court that he has actually and necessarily incurred the additional expense.-(22-5-1915).Illustration A post office or railway employee summoned to give evidence is entitled to demandfrom the party, on whose behalf or at whose instance he is summoned, the travelling and other expenses allowed to witnesses of the class or rank to which he belongs, and in addition the sum for which he is liable as payment to the substitute officiating during his absence from duty. The sum so payable in respect of the substitute will be certified by the official superior of the witness on a slip which the witness will present to the Court from which the summons was issued.-(22-5-1915 and 25-4-1936). (3) If a witness be detained for a longer period than one day the expenses of his detention shall be allowed at such rate, not usually exceeding that payable under clause (i) of this rule, as may seem to the Court to be reasonable and proper:Provided that the Court may, for reasons stated in writing, allow expenses on a higher scale than that hereinbefore prescribed.-(22-5-1915). 23. In cases to which Government is a party, Government servants, whose salary exceeds Rs. 10 per mensem and all police constables whatever their salary may be who are summoned to give evidence in their official capacity at a Court situated more than five miles from their headquarters, shall be given a certificate of attendance by the Court in lieu of travelling and other expenses".-(7-2-1920).

[Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]

Where any party to a suit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him so for as they are applicable.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Calcutta].-Substitute the following:"21. (1) When any party to a suit is required by any other party thereto to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as applicable. (2) When a party to a suit gives evidence on his own behalf, the Court may, in its discretion, permit him to include as costs in the suit a sum of money equal to the amount payable for travelling and other expenses to other witnesses in the case of similar standing." [Gauhati].-Same as that of Calcutta. [Karnataka].-Same as that of Madras-(R.O.C. 2526/1959, dated 19-2-1967).[Kerala].-Same as that of Madras-(9-6-1959). [Madras].-Substitute the following for rule 21: 21. Rules in case of parties appearing as witnesses.- (1) When any party to a suit is required by any other party thereto to give evidence, or to produce a document, the provisions as to witnesses shall apply to him so far as applicable. (2) When a party to a suit gives evidence on his own behalf, the Court may, in its discretion, permit him to include as costs in the suit a sum of money equal to the amount payable for travelling and other expenses to other witnesses in the case of similar standing." Rules 22 and 23-[Allahabad].-Add the following to Order 16 as rules 22 and 23:- 22. (1) Save as provided in this rule and in rule 2, the Court shall allow witnesses reasonable actual travelling expenses. Other expenses to be allowed to them shall be on the following scale, namely: (a) in the case of witnesses of the class of cultivators, labourers and persons, including Government servants of corresponding rank-rupee one per day; (b) in the case of witnesses of a better class, such as bhumidars and sirdars, traders, pleaders and persons including Government servants, of corresponding rank-rupee one and fifty naye paise to rupees three per day; (c) in the case of witnesses of a superior rank including Government servants-from rupees three and fifty naye paise to rupees six per day: Provided that where a Government servant is summoned to produce official documents or to give evidence of facts which came to his knowledge in the discharge of his public duties, he shall be paid travelling and other expenses at the rates admissible to him as for journeys on tour in accordance with the travelling allowance rules applicable to him.-(14-3-1953). (2) If a witness demands any sum excess of in what has been paid to him, such sum shall be allowed if he satisfies the Court that he has actually and necessarily incurred the additional expense.-(22-5-1915).Illustration A post office or railway employee summoned to give evidence is entitled to demandfrom the party, on whose behalf or at whose instance he is summoned, the travelling and other expenses allowed to witnesses of the class or rank to which he belongs, and in addition the sum for which he is liable as payment to the substitute officiating during his absence from duty. The sum so payable in respect of the substitute will be certified by the official superior of the witness on a slip which the witness will present to the Court from which the summons was issued.-(22-5-1915 and 25-4-1936). (3) If a witness be detained for a longer period than one day the expenses of his detention shall be allowed at such rate, not usually exceeding that payable under clause (i) of this rule, as may seem to the Court to be reasonable and proper:Provided that the Court may, for reasons stated in writing, allow expenses on a higher scale than that hereinbefore prescribed.-(22-5-1915). 23. In cases to which Government is a party, Government servants, whose salary exceeds Rs. 10 per mensem and all police constables whatever their salary may be who are summoned to give evidence in their official capacity at a Court situated more than five miles from their headquarters, shall be given a certificate of attendance by the Court in lieu of travelling and other expenses".-(7-2-1920).

[Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]