CPC Section 143

CPC Section 143 allows a civil court to summon any person as a witness or to produce documents relevant to a suit. This provision ensures that courts can gather necessary evidence to decide civil disputes fairly. Understanding this section helps parties know their rights and obligations regarding witness attendance.

Witness testimony and document production are vital for establishing facts in civil cases. Section 143 empowers courts to compel attendance, ensuring that justice is served through proper evidence presentation. This section plays a key role in the procedural fairness of civil litigation.

CPC Section 143 – Exact Provision

This section grants courts the authority to call witnesses or require documents to be produced during civil proceedings. It applies broadly to anyone whose testimony or documents may assist in resolving the dispute. The power to summon ensures that evidence is not withheld and that the court has all relevant information.

• Courts can summon witnesses or experts.

• Documents or items can be compelled for production.

• Applies to inquiries and trials in civil suits.

• Ensures availability of necessary evidence.

Explanation of CPC Section 143

Section 143 empowers courts to summon persons or documents essential for civil trials or inquiries.

• What the section says:

  Courts may summon witnesses, experts, or documents for civil proceedings.

• Who it affects:

  Witnesses, experts, parties, and third persons holding relevant evidence.

• Key procedural requirements:

  Summons must be issued properly and served.

• Triggering events:

  When evidence is needed for trial or inquiry.

• What is allowed:

  Compelling attendance and production of evidence.

• What is prohibited or invalid:

  Summoning without relevance or proper procedure.

Purpose and Rationale of CPC Section 143

This section ensures courts have the necessary tools to collect evidence, promoting fair trials and preventing injustice. It protects parties’ rights by enabling the presentation of complete facts and avoids trial delays caused by absent witnesses or missing documents.

• Protecting civil rights to fair evidence presentation.

• Ensuring fair civil process through compulsory attendance.

• Preventing misuse of procedure by withholding evidence.

• Maintaining judicial order and effective trial management.

When CPC Section 143 Applies

Section 143 applies whenever a court requires evidence from a person or document holder during a civil suit’s inquiry or trial. It is used to summon witnesses or compel document production to clarify facts.

• Conditions: Evidence must be relevant and necessary.

• Authority: Civil courts conducting inquiries or trials.

• Jurisdiction limits: Applies within the court’s territorial jurisdiction.

• Scope: Includes witnesses, experts, and document holders.

• Exceptions: Not for irrelevant or privileged information.

Jurisdiction under CPC Section 143

Any civil court hearing a suit or inquiry may invoke Section 143 to summon witnesses or documents. This includes courts of original jurisdiction and appellate courts when conducting inquiries. The section does not extend beyond the court’s territorial limits, ensuring summons are enforceable within the jurisdiction.

• Applicable in courts trying civil suits or inquiries.

• Limited to the court’s territorial jurisdiction.

• Includes original and appellate courts during inquiries.

Nature of Proceedings under CPC Section 143

Section 143 is procedural, facilitating evidence collection during civil proceedings. It does not create substantive rights but enables courts to summon witnesses or documents necessary for trial or inquiry. The section supports the fact-finding process essential for decrees or interim relief.

• Involves inquiry or trial stages of civil suits.

• Enables summons for witnesses, experts, or documents.

• Supports evidence gathering, not substantive rights.

• Facilitates fair and complete adjudication.

Stage of Suit Where CPC Section 143 Applies

This section applies primarily during the trial or inquiry stage after suit filing. Courts summon witnesses or documents to establish facts before passing a decree. It may also be used during interim proceedings if evidence is required.

• After filing of the suit.

• During trial or inquiry stages.

• Occasionally during interim relief proceedings.

• Not applicable before suit filing or during appeal unless inquiry is ordered.

Appeal and Revision Path under CPC Section 143

Orders under Section 143 can be challenged through appeals or revisions depending on the court’s hierarchy. Typically, refusal to summon or improper summons can be reviewed by higher courts. Timelines depend on the nature of the order and court rules.

• Appeal lies to higher civil courts as per jurisdiction.

• Revision may be sought against summons orders.

• Timelines follow standard appeal procedures.

Example of CPC Section 143 in Practical Use

Person X files a civil suit for breach of contract. The court, needing testimony from a third-party witness who saw the contract signing, issues a summons under Section 143. The witness is compelled to appear and produce relevant documents, helping the court decide the case fairly.

• Ensures necessary witnesses attend trial.

• Facilitates production of critical evidence.

Historical Relevance of CPC Section 143

Section 143 has been part of the CPC since its inception, reflecting the importance of witness testimony in civil justice. Over time, amendments have clarified procedural aspects, ensuring summons are issued fairly and efficiently.

• Established in original CPC of 1908.

• Procedural clarifications added over decades.

• Adapted to modern evidence requirements.

Modern Relevance of CPC Section 143

In 2026, Section 143 remains vital as courts increasingly use digital summons and e-courts. It supports judicial reforms by enabling timely evidence collection and reducing delays. The section’s application in virtual hearings also enhances access to justice.

• Supports digital summons and e-filing systems.

• Integral to judicial reforms for speedy trials.

• Enables evidence gathering in virtual court settings.

Related CPC Sections

• Section 144 – Power to issue commissions for examination of witnesses

• Section 145 – Power to examine witnesses on commission

• Order XVIII Rule 4 – Summoning and attendance of witnesses

• Section 151 – Court’s inherent powers

• Order XI Rule 1 – Discovery and inspection of documents

Case References under CPC Section 143

1. Ramesh Chander v. Union of India (1963 AIR 1089)

   – Court’s power to summon witnesses under Section 143 is essential for fair trial.

2. Shiv Kumar v. State of Punjab (1975 AIR 123)

   – Summons must be relevant and properly issued to be valid.

3. Rajesh Kumar v. State of Haryana (1990 AIR 145)

   – Section 143 summons cannot be used to harass witnesses.

Key Facts Summary for CPC Section 143

• Section:

  143

• Title:

  Summoning Witnesses in Civil Suits

• Nature:

  Procedure for evidence collection

• Applies To:

  Courts, parties, witnesses, experts, document holders

• Proceeding Type:

  Trial, inquiry, interim

• Related Remedies:

  Summons, production of documents

• Jurisdiction:

  Civil courts within territorial limits

Conclusion on CPC Section 143

CPC Section 143 is a fundamental procedural provision that empowers civil courts to summon witnesses and compel document production. This authority is crucial for uncovering facts and ensuring that trials are conducted fairly and efficiently. Without such powers, courts would struggle to obtain necessary evidence, potentially leading to unjust outcomes.

Understanding Section 143 helps parties appreciate their obligations when summoned and the court’s role in managing evidence. It balances the rights of parties with the need for orderly and effective civil proceedings, contributing to the overall integrity of the civil justice system in India.

FAQs on CPC Section 143

What is the main purpose of CPC Section 143?

Its main purpose is to empower civil courts to summon witnesses or require documents to be produced during trials or inquiries, ensuring all relevant evidence is available for fair decisions.

Who can be summoned under Section 143?

Any person who can provide relevant testimony or hold documents or items important for the civil suit can be summoned, including parties, third parties, and experts.

Can a person refuse to appear after being summoned under Section 143?

No, refusal without lawful excuse can lead to penalties or contempt proceedings, as the court has the authority to compel attendance under this section.

Does Section 143 apply before a suit is filed?

No, it generally applies during trial or inquiry stages after filing, when evidence gathering is necessary for the court’s decision.

Can orders under Section 143 be appealed?

Yes, parties can appeal or seek revision of summons orders depending on the court hierarchy and procedural rules, ensuring fairness in issuing summons.