CPC 1908 § Order XVI, Rule 4 — Procedure where insufficient sum paid in

Statutory text (English)

(1) Where it appears to the Court or to such
officer as it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses
or reasonable remuneration, the Court may direct such further sum to be paid to the person summoned
as appears to be necessary on that account, and, in case of default in payment, may order such sum
to be levied by attachment and sale of the moveable property of the party obtaining the summons ; or
the Court may discharge the person summoned, without requiring him to give evidence ; or may both
order such levy and discharge such person as aforesaid.

(2) Expenses of witness detained more than one day. Where it is necessary to detain the
person summoned for a longer period than one day, the Court may, from time to time, order the party
at whose instance he was summoned to pay into Court such sum as is sufficient to defray the expenses
of his
detention for such further period, and, in default of such deposit being made, may order such sum to
be levied by attachment and sale of the movable property of such party ; or the Court may discharge
the person summoned without requiring him to give evidence; or may both order such levy and
discharge such person as aforesaid.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XVI, Rule 4 (SUMMONING AND ATTENDANCE OF WITNESSES): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 91, 92, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 91, 92) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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