Code: Section 31 CPC
Section 31 – Summons to witness
The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.
Explanation
Section 31 of the Code of Civil Procedure, 1908 extends the rules relating to service of summons to witnesses in civil proceedings. The section makes it clear that the same procedural framework used for serving summons on defendants will also apply when a person is required to appear before the court as a witness or produce evidence.
The purpose of this provision is to ensure consistency in legal procedure and avoid separate mechanisms for different categories of summons. Whether the summons is issued to a defendant or a witness, the legal process for service remains structured and uniform.
This section becomes important in cases where a witness may reside in another State or where service involves courts situated outside the ordinary territorial jurisdiction.
Applicability of Section 31 CPC
Section 31 CPC incorporates the provisions of the following sections:
Summons to Defendants – Section 27 CPC
The procedure regarding issuance of summons after institution of a suit also applies to witness summons.
Read more here:
Section 27 CPC
Service of Summons in Another State – Section 28 CPC
If a witness resides in another State, the rules governing inter-state service of summons become applicable.
Read more here:
Section 28 CPC
Service of Foreign Summonses – Section 29 CPC
Where the witness is connected to proceedings involving recognized external jurisdictions, rules regarding foreign summons may apply.
Read more here:
Section 29 CPC
Why Is Section 31 CPC Important?
Creates Uniform Procedure
The provision ensures that courts follow one standard process for serving summonses.
Helps Secure Witness Attendance
Witnesses play a crucial role in establishing facts. This section supports proper service of notices requiring their appearance.
Covers Documents and Material Evidence
The summons may require a witness not only to appear before the court but also to bring:
- Documents
- Records
- Material objects
- Other evidence relevant to the case
Illustration
Example 1: Witness Residing in Another State
A civil suit is filed in Delhi, but an important witness lives in Gujarat. The court issues summons and follows the procedure laid down under Section 28 CPC for service in another State.
Example 2: Production of Important Documents
In a property dispute, a government officer holds land records relevant to the case. The court issues summons directing the officer to appear and produce those documents.
Common Questions and Answers on Section 31 CPC
1. What is the purpose of Section 31 CPC?
Answer:
Section 31 CPC applies the existing rules regarding service of summons to witnesses and persons required to produce evidence.
2. Does Section 31 apply only to oral testimony?
Answer:
No. It applies both to witnesses giving evidence and to persons required to produce documents or material objects.
3. Which sections are incorporated under Section 31 CPC?
Answer:
Section 31 incorporates the provisions of Sections 27, 28, and 29 CPC.
4. Can a witness living in another State be summoned?
Answer:
Yes. The procedure under Section 28 CPC allows service of summons in another State.
5. Can the court compel production of documents through witness summons?
Answer:
Yes. A summons may direct a person to produce documents or material evidence before the court.
Conclusion
Section 31 CPC ensures a uniform process for serving summonses upon witnesses in civil proceedings. By applying the provisions of Sections 27, 28, and 29 CPC, the law creates procedural consistency and ensures that courts can effectively secure attendance and evidence necessary for deciding disputes.
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