Summoning Witnesses explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
These rules govern witnesses. On a party's application the Tribunal issues summons to a witness unless the person's appearance is unnecessary; the summoned person is entitled to travelling and daily allowance fixed by the Registrar; witnesses and interpreters take the prescribed oath; and the Code of Civil Procedure applies to summoning, examination and commissions.
If a party applies for summoning of witnesses, the Tribunal shall issue summons unless it considers their appearance not necessary for the just decision of the case (rule 52(1)). The person summoned is entitled to travelling and daily allowance determined by the Registrar and deposited by the party as the Registrar decides (rule 52(2)). Witnesses take the oath in the form printed in rules 47 and 137; the Court Master administers it (rule 139). Orders XVI and XXVI of the Code of Civil Procedure, 1908 apply mutatis mutandis to summoning, examination on oath and commissions (rule 135), and the Tribunal may examine any witness in camera (rule 136). Read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020); these rules were not amended. Later amendments should be checked.
Rule 52: summoning of witnesses and recording evidence
Rule 52(1). If a petition or application is presented by any party for summoning witnesses, the Tribunal shall issue summons for their appearance, unless it considers their appearance not necessary for the just decision of the case. The default is therefore to issue; refusing needs that stated ground.
Rule 52(2). A person summoned to give evidence or produce a document is entitled to travelling and daily allowance sufficient to defray the travelling and other expenses, as determined by the Registrar. The party that sought the summons deposits that amount as the Registrar decides. For the further rules on allowance when a Government servant is summoned, see the article on rules 140 to 145. A party planning to call witnesses in a contested petition can get help from our legal dispute resolution team in preparing the application.
Rule 47: oath to the witness
The Bench Officer or the Court Officer administers the oath to a witness. The words printed are: "I do swear in the name of God / solemnly affirm that what I shall state shall be the truth and nothing but the truth."
Part XVIII: examination of witnesses and issue of commissions
Rule 135: procedure for examination of witnesses, issue of commissions
The provisions of Orders XVI and XXVI of the Code of Civil Procedure, 1908 apply mutatis mutandis to summoning and enforcing attendance of any person, examining him on oath, and issuing a commission for examination of witnesses or for production of documents. The Code is named as printed in the Rules; check its current text before relying on a particular provision.
Rule 136: examination in camera
The Tribunal may in its discretion examine any witness in camera. The rule gives no list of grounds; it is a matter of the Bench's discretion.
Rule 137: form of oath or affirmation to a witness
The oath administered to a witness reads: "I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and nothing but the truth." Rule 47 prints the shorter words quoted above; the two texts differ slightly, and Part XVIII's version includes "the whole truth".
Rule 138: form of oath or affirmation to an interpreter
Before the Bench Officer or the Court Officer, the interpreter swears or affirms that he will faithfully and truly interpret and explain all questions put to and evidence given by the witness and translate correctly and accurately all documents given to him for translation.
Rule 139: officer to administer oath
The oath or affirmation is administered by the Court Master.
Witnesses at a glance
| Topic | Rule | What the rule says |
|---|---|---|
| Summons on a party's application | 52(1) | Issued unless appearance not necessary for the just decision |
| Allowance | 52(2) | Travelling and daily allowance set by the Registrar; deposited by the party |
| Oath to witness | 47, 137 | Words as printed in each rule |
| Oath to interpreter | 138 | Faithful and true interpretation and accurate translation |
| Who administers | 139 (and 47) | Court Master; rule 47 names the Bench Officer or Court Officer |
| Examination | 135 | Orders XVI and XXVI of the CPC, mutatis mutandis |
| In camera | 136 | At the Tribunal's discretion |
An example
Silverline Realty Limited wants its former accountant to testify. It applies for summons. The Tribunal considers the accountant's evidence relevant and issues summons; the Registrar fixes the travelling and daily allowance and Silverline deposits it. At the hearing the witness takes the oath before the Court Master. The accountant speaks Gujarati, so an interpreter takes the oath in rule 138 and the evidence is recorded in the deposition form covered in the next article.
What a practitioner checks
- That the application states why each witness's appearance is necessary.
- The allowance fixed by the Registrar, and that it is deposited before the summons is issued.
- That the oath, interpreter and any commission follow the forms printed.
- Whether an in camera request is warranted, as it is wholly discretionary.
Need help with witnesses in a Tribunal matter?
Summons, allowance and the record of evidence all depend on timely applications. For help preparing witness applications and evidence, speak to our legal dispute resolution team.
Key takeaways
- The Tribunal shall issue summons on a party's application unless appearance is unnecessary (rule 52(1)).
- The party deposits the allowance the Registrar determines (rule 52(2)).
- The oath for witnesses and interpreters is in the forms printed in rules 47, 137 and 138; the Court Master administers it (rule 139).
- Orders XVI and XXVI of the CPC apply mutatis mutandis (rule 135).
- Examination in camera is at the Tribunal's discretion (rule 136).
Read next
- Rules 140 to 145: depositions, discharge certificate and allowance
- Rules 39 and 40: evidence by affidavit
- Rules 131 to 134: production of documents
- Section 424: procedure before the NCLT
Disclaimer: Based on the National Company Law Tribunal Rules, 2016 (G.S.R. 716(E)) as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLT practice directions and the Companies Act, 2013 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.