Section 5(c) in Rules Under the Court-Fees Act, 1870
(c)The Code lays down that when an application for the purpose is made the Court may issue a first summons to a witness or a person called to produce a document (Order XVI, Rule 1). In this case therefore, the Court should compel an application and should not proceed suo motu. Such an application would require to be stamped under Article 1, Schedule II, Court-fees Act, but for the operation of Section 19 (xiv), ibid, by which this type of application is exempted from fee.
