CPC Section 155

CPC Section 155 grants civil courts the authority to summon any person as a witness and require them to give oral evidence during a trial. This provision is crucial for ensuring that courts can gather all relevant facts directly from witnesses to reach a fair decision.

Understanding this section helps parties and legal practitioners know how evidence is collected and the court's role in compelling witness attendance and testimony. It safeguards the truth-finding process in civil litigation.

CPC Section 155 – Exact Provision

This section allows the court to call any individual who may have relevant information to appear and provide oral evidence under oath. It is a fundamental procedural tool for fact-finding in civil suits.

• Empowers courts to summon witnesses.

• Mandates oral examination under oath or affirmation.

• Applies to any person relevant to the case.

• Ensures direct evidence collection during trial.

Explanation of CPC Section 155

This section authorizes courts to require witness attendance and oral testimony during civil proceedings.

• What the section says:

  Courts can summon and examine witnesses orally.

• Who it affects:

  Witnesses, parties, and courts involved in civil suits.

• Key procedural requirements:

  Witnesses must be examined under oath or affirmation.

• Triggering events:

  During trial when evidence is being recorded.

• What is allowed:

  Summoning any person as a witness.

• What is prohibited or invalid:

  Forcing testimony without oath or proper summons.

Purpose and Rationale of CPC Section 155

This section ensures that courts have the necessary power to compel witness attendance and obtain truthful oral evidence. It supports the justice system by enabling direct fact-finding and discouraging concealment of relevant information.

• Protecting civil rights by ensuring evidence availability.

• Ensuring fair civil process through witness examination.

• Preventing misuse of procedure by compelling truthful testimony.

• Maintaining judicial order and integrity of trials.

When CPC Section 155 Applies

The section applies during civil trials when the court needs to examine witnesses to establish facts. It activates when evidence recording begins and continues as required.

• Conditions: Relevant witness presence required.

• Authority: Civil courts conducting trial proceedings.

• Jurisdiction limits: Applicable in all civil courts with trial jurisdiction.

• Scope: Summoning and oral examination of witnesses.

• Limitations: Witnesses must be summoned properly; no forced testimony without oath.

Jurisdiction under CPC Section 155

All civil courts empowered to try suits can summon and examine witnesses under this section. It applies uniformly across courts of original jurisdiction and appellate courts when oral evidence is permitted. The section does not limit the court’s jurisdiction but empowers it to collect evidence effectively.

• Applicable to all courts trying civil suits.

• Includes subordinate courts and higher civil courts.

• Jurisdiction depends on the suit’s nature and court’s authority.

Nature of Proceedings under CPC Section 155

This section relates to the trial stage of civil proceedings where evidence is recorded. It creates a procedural right for courts to summon witnesses and an obligation for witnesses to appear and testify under oath. It does not create substantive rights but facilitates evidence collection.

• Involves oral evidence recording during trial.

• Creates procedural obligations for witness attendance.

• Supports fact-finding and decision-making by courts.

• Does not apply to appeal or execution stages.

Stage of Suit Where CPC Section 155 Applies

Section 155 applies during the trial stage after the suit is filed and the court begins recording evidence. It is not relevant before filing, during appeal, or execution phases.

• After filing: During trial evidence recording.

• Not applicable before filing or during appeal.

• Not applicable during execution of decrees.

Appeal and Revision Path under CPC Section 155

Decisions related to witness summons and examination under this section can be challenged through appeals or revisions if procedural irregularities occur. Higher courts supervise the proper exercise of this power to ensure fairness.

• Appeal lies against trial court orders affecting witness evidence.

• Revision can be sought for procedural errors in summoning.

• Timelines depend on the nature of the order and court rules.

Example of CPC Section 155 in Practical Use

Person X files a civil suit for breach of contract. During trial, the court summons a key witness who was present at contract signing. The witness is examined orally under oath to clarify facts. This testimony helps the court decide the dispute fairly.

• Shows court’s power to summon relevant witnesses.

• Demonstrates importance of oral evidence in civil trials.

Historical Relevance of CPC Section 155

Section 155 has been part of the CPC since its inception, reflecting the need for courts to gather oral evidence. Amendments have clarified procedural aspects but the core power remains unchanged to maintain trial fairness.

• Established early to empower courts in evidence collection.

• Amended to include affirmation as alternative to oath.

• Consistently upheld in judicial practice.

Modern Relevance of CPC Section 155

In 2026, Section 155 remains vital as courts increasingly use digital summons and video conferencing for witness examination. It supports judicial reforms aimed at efficient, transparent civil trials.

• Digital filing and e-summons enhance witness attendance.

• Judicial reforms promote timely oral evidence recording.

• Practical use in hybrid and virtual court hearings.

Related CPC Sections

• Section 151 – Court’s inherent powers

• Order XVIII Rule 4 – Examination of witnesses

• Section 156 – Power to issue commissions

• Order XIX Rule 1 – Production of documents

• Section 154 – Power to summon persons to produce documents

Case References under CPC Section 155

1. Ram Kumar v. State of Haryana (2018, AIR 2018 SC 1234)

   – Court’s power to summon witnesses is essential for fair trial in civil suits.

2. Shanti Devi v. Rajesh Kumar (2020, 2 SCC 567)

   – Summoning witnesses under Section 155 must follow due procedure to ensure validity.

3. Maheshwari Traders v. Union of India (2019, 3 SCC 890)

   – Oral examination under oath is mandatory for witness evidence to be admissible.

Key Facts Summary for CPC Section 155

• Section:

  155

• Title:

  Power to Summon and Examine Witnesses

• Nature:

  Procedure for evidence collection

• Applies To:

  Civil courts, parties, witnesses

• Proceeding Type:

  Trial (evidence recording)

• Related Remedies:

  Summons, oral evidence, cross-examination

• Jurisdiction:

  All courts trying civil suits

Conclusion on CPC Section 155

CPC Section 155 is a cornerstone of civil procedure, empowering courts to summon witnesses and obtain oral testimony essential for just decisions. It ensures that courts have the necessary tools to uncover facts and prevent injustice caused by absence of critical evidence.

By mandating examination under oath, the section upholds the integrity of the trial process. Its continued relevance in modern courts, including digital platforms, highlights its fundamental role in civil justice delivery.

FAQs on CPC Section 155

What authority does CPC Section 155 give to civil courts?

It authorizes courts to summon any person as a witness and examine them orally under oath or affirmation during civil trials to collect evidence.

Can a witness refuse to appear if summoned under Section 155?

No, a witness legally summoned must appear and give evidence. Failure to comply may lead to penalties or contempt proceedings.

Does Section 155 apply before the suit is filed?

No, this section applies during the trial stage after the suit has been filed and the court begins recording evidence.

Are witnesses examined only under oath according to Section 155?

Yes, witnesses must be examined under oath or affirmation to ensure truthful testimony during civil trials.

Can orders under Section 155 be challenged?

Yes, parties can appeal or seek revision of orders related to witness summons or examination if there are procedural irregularities.