Section 31 CPC — Summons to Witnesses

Section 31 of the Code of Civil Procedure, 1908 deals with the issue and service of summons to witnesses. It enables the court to require a person to appear before it for giving evidence or to produce documents or other material relevant to the suit.

The detailed procedure is primarily contained in Order XVI CPC.

Section at a Glance

Particular	Details
Section	Section 31 CPC
Subject	Summons to witnesses
Nature	Procedural
Main purpose	Securing attendance and production of documents
Related Order	Order XVI CPC

Statutory Provision

Section 31 provides that the provisions relating to summons to defendants apply, so far as they can be made applicable, to summons to witnesses.

The service and issue of witness summons are therefore governed by the relevant procedural rules, principally Order XVI.

Meaning of Section 31 CPC

In simple terms:

Section 31 provides the framework for summoning witnesses to attend court and participate in the adjudication of a civil suit.

A witness may be required to:

• Appear before the court;
• Give evidence; or
• Produce a document or other material.

The provision helps the court obtain evidence necessary for deciding the dispute.

Purpose of Section 31

The provision seeks to ensure that relevant witnesses can be brought before the court through a formal legal process.

It supports:

• Proper presentation of evidence;
• Effective examination of witnesses;
• Production of relevant documents;
• Fair adjudication;
• Efficient conduct of trial.

Section 31 and Order XVI CPC

Section 31 provides the basic statutory framework, while Order XVI contains the detailed rules concerning witnesses.

Order XVI deals with matters including:

• Summoning witnesses;
• Attendance of witnesses;
• Expenses of witnesses;
• Consequences of non-attendance;
• Production of documents;
• Examination of witnesses.

Therefore:

Section 31 → statutory basis

Order XVI → detailed procedure

Summons to Produce Documents

A witness may be summoned not merely to give oral evidence but also to produce documents or other material relevant to the proceedings.

However, the court does not require production of every document merely because a party requests it. Relevance and the applicable procedural requirements remain important.

Witness Expenses

The CPC recognises that a witness summoned by the court may be entitled to reasonable expenses associated with attendance.

The detailed rules concerning payment and consequences of non-payment are dealt with under Order XVI and applicable court rules.

Failure to Attend

A witness who has been duly summoned but fails to attend without sufficient justification may face consequences under the CPC.

Order XVI provides the relevant procedure, including circumstances in which the court may take coercive steps to secure attendance.

Section 31 and Natural Justice

Summoning witnesses helps ensure that relevant evidence can be brought before the court.

At the same time, the power must be exercised for legitimate purposes connected with the issues in dispute. The witness-summoning process should not be used merely to delay proceedings or harass individuals.

Practical Example

A files a suit alleging breach of a contract. C was present when the agreement was executed and has relevant knowledge of the transaction.

If C’s evidence is necessary, the court may issue summons requiring C to attend and give evidence.

If C is also required to produce a relevant document in C’s possession, the summons may require production of that document in accordance with the applicable rules.

Important Case Law

Mange Ram v. Brij Mohan, (1983) 4 SCC 36

Principle: The Supreme Court considered the provisions relating to summoning witnesses and emphasised the importance of complying with the procedural requirements governing the production and examination of witnesses.

Relevance: The case is useful for understanding the relationship between the court’s power and the procedural requirements under Order XVI.

Common Confusions

Witness Summons Is Different from Defendant Summons

Section 27 concerns summons to defendants after institution of a suit.

Section 31 concerns summons to witnesses.

Summoning a Witness Does Not Automatically Prove Their Evidence

A witness must still give evidence in accordance with the applicable procedure, and the opposing party ordinarily has the opportunity to cross-examine where legally permitted.

Summons to Produce Documents Does Not Automatically Establish Admissibility

Production of a document and its admissibility or evidentiary value are separate questions.

Practical Importance in Civil Litigation

An advocate seeking to summon a witness should consider:

• Whether the witness is genuinely relevant;
• What evidence the witness is expected to provide;
• Whether documents are required from the witness;
• The prescribed procedure under Order XVI;
• Payment of applicable witness expenses.

Unnecessary witness summons can delay proceedings and increase costs.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 31 deals with summons to witnesses.
• It applies the provisions relating to defendant summons to witnesses as far as applicable.
• Order XVI contains the detailed procedure.
• Witnesses may be summoned to give evidence or produce documents.
• Non-attendance after due service can have procedural consequences.

Important Questions to Prepare

1. Explain Section 31 CPC.
2. What is the purpose of summons to witnesses?
3. What is the relationship between Section 31 and Order XVI?
4. Can a witness be summoned to produce documents?
5. What are the consequences of failure to attend after service of summons?
6. Distinguish summons to a defendant from summons to a witness.

Key Legal Principles

1. Section 31 provides the statutory framework for summons to witnesses.
2. Order XVI contains the detailed procedural rules.
3. A witness may be summoned to give evidence or produce relevant documents.
4. Proper service and compliance with procedural requirements are essential.
5. The power to summon witnesses should be used for relevant and legitimate purposes.

ALSO READ: Section 30 – Discovery, Inspection and Production of Documents

Key Takeaways

Concept	Principle
Section	Section 31 CPC
Subject	Summons to witnesses
Purpose	Secure attendance and evidence
Documents	Witness may be required to produce relevant documents
Detailed procedure	Order XVI CPC
Non-attendance	May attract consequences under Order XVI
Key distinction	Witness summons differs from defendant summons