Section 13 in Rules (Consolidated) Under the Code of Civil Procedure, 1908
13.
The following shall be substituted for Rule 7 of Order IX :-"Rule 7. Where the Court has adjourned the hearing of the suit after making an order that it be heard ex-parte and the defendant at or before such hearing appears and assigns good cause for his previous non-appearance, the Court may upon such terms as it directs as to costs or otherwise, set aside the order for the hearing of the suit ex-parte and hear the defendant in answer to the suit as if he had appeared on the day fixed for his appearance.] [Vide Notification No. 13/S.R.O., dated 1-6-1956 - Rajasthan Government Gazette Ordinary, Part IV-C, dated 30-6-1956, page 253, w.e.f. 30-6-1956.]Order XVI[14. Rule 1 of Order XVI shall be amended as follows:-"1. (1) On such date as the Court may appoint and not later than thirty days after the settlement of issues, each party shall present in Court a list of witnesses whom it proposes to produce:[Provided that a party giving evidence in rebuttal may file a [x x x] [Vide Notification No. 10/S.R.O., dated 29-6-1957-Rajasthan Government Gazette, Ordinary, Part IV-C, dated 25-7-1957, Page 287, w.e.f. 25-7-1957.] list of witnesses [x x x] [Omitted by the Amending Notification No. 4/S.R.O., dated 6-10-1970 - Rajasthan Gazette, Ordinary, Part IV-C (II), dated 19-10-1970, Page 51.] not later than fifteen days from the date of closure of the evidence of his opponent.](2)[ No party shall produce or obtain process to enforce the attendance to witnesses other than those contained in the list referred to in sub-rule (i), except with the permission of the Court [x x x] [Added by the Amending Notification No. 4/S.R.O., dated 6-10-1970 - Rajasthan Gazette, Ordinary, Part IV-C (II), dated 19-10-1970, Page 51.] and the Court granting or refusing such permission shall record reasons for so doing.](3)On the application to Court or to such officer as it appoints in this behalf, the parties may obtain summonses for persons whose attendance is required in Court.(4)Where in accordance with the proviso to Rule 8 of Order XVI a party has obtained summonses for any witnesses for service by himself or through his agent summonses for any such witnesses shall not unless specially ordered by the Court for reasons to be recorded in writing, be reissued for service in the manner provided for the service of summons to a defendant.][15. Addition to a new rule after 1, Order XVI. - After Rule 1 of Order XVI of the Code, the following new rule shall be added as Rule 1-A:-"1-A. Subject to the provisions of sub-rule (2) of Rule 1, any party to the suit may, without applying for summons under Rule 1, bring any witness to give evidence or to produce documents."][16. The following shall be substituted for Rule 3 of Order XVI:-"The sum so paid into Court may, and if so required by the person summoned, shall be tendered to him at the time of serving the summons, if it can be served personally."
