10. Procedure where witness fails to comply with summons.- (1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the court— (a) shall, if the certificate of the serving officer has not been verified by affidavit, or if service of the summons has been effected by a party or his agent, or (b) may, if the certificate of the serving officer has been so verified, examine on oath the serving officer or the party or his agent, as the case may be, who has effected service, or cause him to be so examined by any court, touching the service or non-service of the summons. (2) Where the court sees reason to believe that such evidence or production is material, and that such person has, without lawful excuse, failed to attend or produce the document in compliance with such summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give evidence or to produce the document at a time and place to be named, therein; and a copy or Such proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily resides. (3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the court may, in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an Order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which may be imposed under rule 12: Provided that no court of small causes shall make an Order for the attachment of immovable property. HIGH COURT AMENDMENTS Allahabad.- In sub-rule (2):— (a) between the word “proclamation” and the word “requiring” insert the words, “or, if he is present, an order in writing to be signed by him”; (b) for the words “and a copy of such proclamation” substitute the words “and a copy of the proclamation if issued.” In sub-rule (3) between the word “proclamation” and the words “at any time afterwards” insert the words, “or an order in writing.” (17.9.1938). Kerala: Laccadive, Minicoy and Amindivi Island.- In Rule 10, for the proviso to sub-rule (3) the following shall be substituted, namely: “Provided that no Court exercising Small Cause Jurisdiction shall make an order for the attachment of immovable property”. (9.6.1959); Reg. 8 of 1965, Section 3.
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