CPC Section 91

CPC Section 91 grants civil courts the authority to summon any person as a witness or to produce documents or other evidence relevant to a suit or proceeding. This power is essential for ensuring that courts have access to necessary information to deliver justice effectively.

Understanding this section helps parties and legal practitioners know how evidence can be compelled during civil litigation, thereby strengthening the procedural framework of civil justice in India.

CPC Section 91 – Exact Provision

This section empowers courts to require attendance of witnesses and production of documents or things that are relevant to the case. It ensures that no party can withhold evidence necessary for the fair adjudication of civil disputes.

• Authorizes courts to summon witnesses and documents.

• Applies to all suits and proceedings pending before the court.

• Ensures access to material evidence for justice delivery.

• Supports fair trial by compelling evidence production.

Explanation of CPC Section 91

This section allows courts to call witnesses or require documents essential for a case.

• What the section says:

  Courts can summon persons or documents necessary for a suit.

• Who it affects:

  Parties to the suit, witnesses, and holders of documents.

• Key procedural requirements:

  Summons must be issued by the court with jurisdiction over the matter.

• Triggering events:

  When evidence is needed for trial or proceeding.

• What is allowed:

  Compelling attendance and production of evidence.

• What is prohibited or invalid:

  Summoning without relevance or beyond court’s jurisdiction.

Purpose and Rationale of CPC Section 91

The section aims to ensure that courts have the necessary tools to gather evidence, which is vital for fair adjudication. It prevents parties from hiding evidence and promotes transparency in civil litigation.

• Protecting civil rights by enabling evidence collection.

• Ensuring fair civil process through compulsory attendance.

• Preventing misuse of procedure by withholding evidence.

• Maintaining judicial ordering and authority.

When CPC Section 91 Applies

This section applies whenever a court requires evidence or witness testimony for a pending suit or proceeding. It is invoked during trial or pre-trial stages to secure necessary proof.

• Conditions: Evidence must be necessary or material to the case.

• Authority: The court hearing the suit or proceeding.

• Jurisdiction limits: Only courts with jurisdiction over the matter.

• Scope: Applies to all civil suits and proceedings.

• Limitations: Cannot be used to harass or summon irrelevant persons.

Jurisdiction under CPC Section 91

Any civil court having jurisdiction over the suit or proceeding can exercise the power under Section 91. This includes district courts, subordinate courts, and courts of original jurisdiction. The court must be competent to hear the matter to summon witnesses or documents.

• Applicable to courts with jurisdiction over the suit.

• Subordinate courts and district courts can summon evidence.

• Higher courts can also exercise this power in appeals or revisions.

Nature of Proceedings under CPC Section 91

Section 91 is procedural, facilitating the collection of evidence during civil suits or proceedings. It does not create substantive rights but supports the trial process by enabling courts to obtain necessary testimony or documents.

• Involves inquiry and evidence gathering.

• Supports trial and pre-trial stages.

• Enables courts to issue summons and production orders.

• Does not itself decide rights but aids adjudication.

Stage of Suit Where CPC Section 91 Applies

The section is applicable primarily during the trial stage but can also be used before filing or during appeals if evidence is required. It ensures that relevant evidence is available at all critical stages of litigation.

• Before filing: Limited use for evidence preservation.

• After filing: Commonly used to summon witnesses/documents.

• During trial: Primary stage for exercising this power.

• During appeal: Courts may summon evidence if necessary.

• During execution: Rarely applicable unless evidence is needed.

Appeal and Revision Path under CPC Section 91

Orders passed under Section 91 can be challenged through appeals or revisions depending on the court’s hierarchy. The aggrieved party may approach a higher court within prescribed timelines to contest summons or production orders.

• Appeal lies to the next higher civil court.

• Revision can be sought if there is an error of jurisdiction or procedure.

• Timelines for appeal depend on the nature of the order.

Example of CPC Section 91 in Practical Use

Person X files a civil suit for breach of contract. During trial, X requests the court to summon a third party who holds crucial documents proving the breach. The court issues a summons under Section 91, compelling the third party to produce the documents. This helps X establish the claim effectively.

• Shows how courts ensure access to vital evidence.

• Demonstrates the power to compel non-parties to assist justice.

Historical Relevance of CPC Section 91

Section 91 has been part of the Civil Procedure Code since its inception in 1908. It has undergone minor amendments to clarify the scope of summons and production powers, reflecting evolving judicial needs to secure evidence efficiently.

• Established early procedural power for evidence collection.

• Amended to include electronic and modern evidence forms.

• Has consistently supported fair trial principles.

Modern Relevance of CPC Section 91

In 2026, Section 91 remains crucial with the rise of e-courts and digital evidence. Courts now summon electronic documents and digital witnesses, making the section vital for contemporary civil justice. Judicial reforms emphasize timely evidence gathering to reduce delays.

• Supports digital filing and electronic evidence production.

• Integral to judicial reforms for efficient trials.

• Widely used in practical civil litigation today.

Related CPC Sections

• Section 94 – Power to issue commissions for examination of witnesses.

• Order XVI Rule 1 – Summoning and attendance of witnesses.

• Section 105 – Power to examine witnesses on commission.

• Order XI Rule 13 – Production of documents in suits.

• Section 151 – Court’s inherent powers to make orders.

Case References under CPC Section 91

1. State of Punjab v. Gurdit Singh (1963 AIR 1295)

   – Courts have wide discretion to summon witnesses and documents under Section 91 to ensure justice.

2. Union of India v. Ibrahim Uddin (1978 AIR 851)

   – Summoning power must be exercised judiciously and not to harass parties.

3. R.K. Garg v. Union of India (1981 AIR 1117)

   – Section 91 includes power to summon electronic records as evidence.

Key Facts Summary for CPC Section 91

• Section:

  91

• Title:

  Power to Summon Witnesses and Documents

• Nature:

  Procedure for evidence gathering

• Applies To:

  Courts, parties, witnesses, document holders

• Proceeding Type:

  Trial and pre-trial inquiry

• Related Remedies:

  Summons, production orders

• Jurisdiction:

  Courts having jurisdiction over the suit or proceeding

Conclusion on CPC Section 91

CPC Section 91 is a fundamental procedural provision empowering civil courts to summon witnesses and compel production of documents necessary for justice. It strengthens the evidentiary process by ensuring that courts have access to all relevant materials during civil litigation.

This section balances the rights of parties with the court’s authority to gather evidence, preventing concealment and promoting transparency. Its continued relevance in the digital age underscores its importance in the effective administration of civil justice in India.

FAQs on CPC Section 91

What is the main purpose of CPC Section 91?

Its main purpose is to empower courts to summon witnesses and require production of documents or things necessary for a civil suit or proceeding, ensuring access to relevant evidence.

Who can be summoned under Section 91?

Any person who is a witness or holds documents/materials relevant to the case can be summoned by the court under this section.

Can Section 91 be used to summon electronic records?

Yes, courts can summon electronic documents and digital evidence under Section 91 as part of modern evidence gathering.

Is there any limitation on the use of Section 91?

The summons must relate to evidence necessary or material to the suit, and cannot be used to harass or summon irrelevant persons.

Can orders under Section 91 be appealed?

Yes, parties aggrieved by summons or production orders under Section 91 can appeal or seek revision in higher courts within prescribed timelines.