4. Procedure where insufficient sum paid in.
(1) Where it appears to the Court or to such officer as it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be necessary on that account, and, in case of default in payment, may order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons; or the Court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid.
(2) Expenses of witnesses detained more than one day- Where it is necessary to detain the person summoned for a longer period than one day, the Court may, from time to time, order the party at whose instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his detention for such further period, and, in default of such deposit being made, may order such sum to be levied by attachment and sale of the movable property of such party; or the Court may discharge the person summoned without requiring him to give evidence, or may other order such levy and discharge such person as aforesaid.
STATE AMENDMENTS
Uttar Pradesh:
In its application to the State of Uttar Pradesh, in Order XVI, rule 4, add the following proviso-
“Provided that nothing in this rule shall apply to a case where the witness is a Government servant summoned at the instance of Government as a party.
[U.P. Act., 57 of 1976]
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