Section 111. The Court, upon the application of the pleader of any party to a suit whose attendance as witness is

111. The Court, upon the application of the pleader of any party to a suit whose attendance as witness is required, or without Court may require notice to be given to such application, if the Court think "fit so to do, may, `n` party to show cause WILY he not before making such order, cause notice to be given to the tend. * party or his pleader fixing a day for such party to show cause 6 . ACT No. X. OF 1855. cause why he should not attend and give evidence, and may also, from time to'time, if necessa6, for good and sufficient cause, enlarge the time for such - purpose. IV. Clause 1. In support of the cmse shown, the Court sha!! rewritten declaration[ceive a declaration in writing of the party, if signed by ] of party receivable. him, and delivered into the Court by himself or his pleader. 4~ Clawe 2. If the party making such declaration $hall wilfully and Penalty 'for false[corruptly make any false statement therein, he shalI be ] statement. deemed guilty of perjury, and shall be proceeded against and upon conviction punished accordingly. V. The ~ d u r t need not compel the attendance of any party.to a Court no1 to compel[suit for the purpose of giving evidence therein, if such ] attendance of Party to party shall satisfy the Court that he has no persona1 a suit to give evidence, ifsatisfied that he has knowledge of any material subject of enquiry in the no personal knowledge and that he cannot give ' suit, and tha.t he cannot give material evidence material evidence. - therein. `TI.` a a If- oo s~Ecient, haass' oo s~Ecient, haass' be shown on the day fixed, or upon any subsequent day to which the Court shall enlarge the cause time for that purpose, the Court shall cause a summons to be issued for compelling the party to attend and Summons to issue if ' no shown. sufficient cause give evidence. VII, No party to a suit, appeal, or proceeding, who shall* offer hirnMode of examining[self as a witness .therein, shall, without the consent of all ] party to a suit who himselfw a witparties thereto, be examined otherwise than in open new. .Court, in such manner as the Court may direct, having regard to the usages and customs of the country, unless such examination Proviso. shall be taken under, and subject to the Rules prescribed by Section XII. or XIV. of this Act. VIII. If 'any witness, being a party to a suit, to' whom any summons to give evidence or produce a document shall have been Penalty for noncolnpliancc with sum- "personally delivered, shall, without lawful excuse, fail to mom. comply with such summons, or attending, or being pre-sent in Court, shall, without lawful excuse, refuse to give evidence, or to sub- scrib~ i ACT No. X, OF 1855. scribe his deposition, or to produce any document in-his custodi or sion, the Court, instead of proceeding in the manner provided by the laws in force in the Presidency in respect of defa~ltin'~ witnesses, may, if the witness be a plaintiff, appellant, or petitioner, dismiss the complaint, appeal or petition, with costs against such party, or if such party be a defendant or respondent, may hear and decide the case against such defendant or respondent sparte. I f any such complaint, appeal or petition shall be dismissed for such cause, the complainant or petitioner shall be debarred from preferring any other petition, appeal or complaint in respect of the same matter. IX. A witness not a party to the suit or proceeding in which he is - I n what case a witsummoned shall not be boundto produce his oan titlenotbeinga pa1.t~ deeds, unless he shall have agreed in writing with the to the suit in which he is summoned, is bound party requiring the production thereof, or with some to produce his titledeeds. person through whom he claims to produce such deeds. X. Any person, whether a party to the suit or not, to whom a summons to attend and give evidence or produce a document Person not obeying summons, shall be personally delivered, and who shall, without lawfor in & aclion. ful excuse, neglect or refuse to obey such summons, . or pho shall be proved to have absconded, or keph out of the way to avoid being served with such summops, and any person who, being in Court, and upon being required by the Court to give evidence or produce a document in his possession, shall, without lawful excuse, refuse to give-6vidence or sign his deposition, or to produce a document in his possession, shall, in addition to any proceedings to which he would otherwise be subject, be liBble to the party at whose request the suqmo~i s hall have bLen issued, or at whose instance he shall be required to give evidence or produce the document, for a11 damages which he may sustain in consequence of such neglect or refusal, or of such absconding or keeping out of the way as afore-. said, to be recovered in a civil action. XI. It shall not be necessary to postpone the hearing or decision of a case for the nun-production of a document, or for the eviPostponing case on & nccbunt of non-attenddence of a witness who may neglect or refuse to attend, %ace of witness &c. or who shall abscond or keep out of the way, or who cannot be servecl. wit11 a summons, beyond such period as shall appear proper to the ACT No. X. OF 1855. the Court, having regard to all the circumstahces of the case : provided that, when a summons shall have been issued for the atkidProviso. ance of aPlaintiff or appellant in a suit to give evidence or produce a document, the Court shall, at the request of the defendant or respondent, unless there be good reason to the contrary, postpone the hearing or decision until the plaintiff or appellant call be personally summoned, or shall attend and give svidence or produce the document require& and that, mkere a summons shall have been issued for the attendance of a defendant or respondent to give evidence or produce a document, the hearing or decision shall, upon the application of the plaintiff or appellant, be postponed in like manner, unless there be good reason to the contrary, until the defendant or respondent can be personally summoned, or shall attend and give evidence, or produce the document required. XII. I n evely regular or summary suit, appeal or proceeding in any of the Civil Courts of the East India Company, and also in be oralev'dence taken. to every summary suit or other proceeding of a Civil nature before any Court, Officer, or other person having by law or consent of parties authority to examine witnesses, the evidence of the attending witnesses shall be taken orally in open Court, in the presence and hearing, *and under the personal direction and superin te~ldence of the Judge. The evidence of each witness given upon such examination shall be taken down in writing, by or in the presence and under the superintendence of the Judge, not ordinarily by question and answer, but in the form of a narrative, and when completed shall be read over to the witness, and signed by him in the presence of the Judge and of the parties to the suit or their vakeels, or such of them as may think fit to attend. I n case the witness shall refuse to sign the deposition,the Judge shall sign the same, and record the reason, if any, given by the witness for such refusal; together with such remarks thereon as the Judge shall think fit to make. It shall be in the discretion of the Judge to take down, or cause. to be taken down, any particular question and answer, if there shall appear any special reason for doing so, or any' party or his vakeel shall require it. If any question put to a witness be objected to by either of the parties or their v8keels, and the Court%hall allow the same to be put, the question and answer shall be taken &wn, and the objection, and the name of the partx-making it, shall be noticed in taking down the depositions, together . . . . . . `ACT` No. X. OF 1855. the word "witness" shall include all persons competent and liable to give evidence, whether payties to any suit or proceeding, or not. Words importing'the masculine gender or singular number shall include the femiiline gender or plural number, and vice versd. XIX. - This Act shall come into operation on the 1st day of May 1855. Act when to operate.