chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Civil Procedure Code, 2017

108. Assistance to be provided to the process server: (1) When serving summons pursuant to this Chapter, the relevant ward chairperson, member, secretary of the local level, or any government employee, and local persons, shall provide all necessary assistance in searching for, showing, identifying, and making known the house and door of the concerned person, and shall assist the process server in the work of serving such summons by witnessing and signing or affixing a seal during such service.

(2) Notwithstanding anything contained in subsection (1), if the relevant ward chairperson, member, secretary of the local level, or any government employee, and other local persons do not assist or refuse to assist by witnessing during the service of summons, the summons that has been served duly by completing other procedures shall not become invalid solely due to that reason. 109. Punishment for person failing to assist: If a report is received from the process server stating that a person who has a duty to provide assistance under section 108 has not provided any assistance during the service of summons, and if the contents of such report appear reasonable, the relevant court may impose a fine of up to five thousand rupees on the person who has not so assisted. 110. Verification of served summons: As soon as the process server submits a report after serving summons pursuant to this Chapter, the relevant authorized officer of the court shall verify whether such summons has been duly served or not, and if it appears to have been duly served, shall certify the same and place it in the case file. 111. Order for re-service: (1) If, upon verification under section 110, it appears that the summons was not served in compliance with the procedure prescribed by law, or if a complaint is received regarding such service and upon inquiry it appears that the summons was served irregularly or not served at all, the court shall order the concerned process server or another process server to serve it again in accordance with the procedure.

(2) If an order has been made pursuant to subsection (1), such process server shall serve the summons again pursuant to this Chapter. 112. Penalty on the serving person: If the process server fails to deliver the third copy of the summons affixed to the house door to the relevant local level when the concerned person is not found, the process server who fails to deliver it shall be liable to a fine of up to one thousand rupees for each occasion, and the relevant court may also order departmental action against such process server. 113.
Muluki Civil Procedure Code, 2017

113. Service of summons on representative or legal practitioner: (1) Notwithstanding anything contained elsewhere in this Chapter, if a representative or legal practitioner has been appointed by a person according to law to accept summons that need to be served on him/her, such summons may be served on that representative or legal practitioner.

(2) When serving summons on a representative or legal practitioner pursuant to clause (c) or (d) of subsection (1) of section 106 and this section, a receipt shall be obtained in the format according to Schedule-8.

(3) If summons is delivered or served on the representative or legal practitioner of a party pursuant to subsection (1), or on the authorized representative in a case where an authorized representative has been appointed, it shall be deemed to have been duly delivered or served pursuant to this Chapter. 114. Service of summons in the name of a person whose house address is not found: (1) Notwithstanding anything contained in section 105, when the court must serve summons or notice in the name of a person whose house address is not found, if his/her village, city, and locality are mentioned, the summons may be served at that address; and if the village, city, and locality are also not found, stating the same, the summons may be served by affixing it on the court notice board and publishing a notice in national daily newspapers.

(2) If summons is served through newspapers pursuant to subsection (1), it shall be deemed to have been duly served. 115. Service of summons on a person outside the territorial jurisdiction: (1) When summons must be served in the name of a person residing outside the territorial jurisdiction of the court where the case is filed, the necessary copies of the notice along with the summons shall be sent to the court having territorial jurisdiction over the area where such person resides, together with the order of that court, and while sending, electronic means may also be used.

(2) If a notice along with summons is received from another court pursuant to subsection (1), that court shall also cause the summons to be served by following the procedure under this Chapter.

(3) After the summons is served pursuant to subsection (2), that court shall send such summons to the relevant court. 116.
Muluki Civil Procedure Code, 2017

116. Penalty for irregularly serving summons, causing service, or obstructing: The court may initiate proceedings on the basis of a report from the concerned process server or a complaint from anyone, and impose a fine of up to ten thousand rupees or imprisonment for up to one month, or both, on a person who commits the following acts:-
(a) failing to cause the service of a summons issued by the court without reasonable cause,
(b) serving or causing to serve a summons by writing or causing to write false particulars,
(c) obstructing or opposing the service of a summons or notice,
(d) tearing or removing a summons that has been affixed. 117. Invalid summons to be void: (1) A party to a case may file an application in the court at any time before the case is decided, regarding the fact that summons was not served after completing the procedure under this Chapter, or that summons was not served at all.

(2) If the court determines that the contents of the application filed under subsection (1) are reasonable, it may void the summons that was irregularly served and order re-service of summons or order the concerned party to accept the summons.

(3) Notwithstanding anything contained in subsection (1) or (2), if, upon verification by the court, it appears that the summons brought for service under this Chapter was served without following the procedure, such summons shall be voided and it shall be ordered to be served again in accordance with the procedure. 118.
Muluki Civil Procedure Code, 2017

118. Right to file an appeal in the nature of a written statement: (1) If a defendant, without being able to defend or file a written statement in a case due to irregular service of summons without completing the procedure under this Chapter, and an ex parte decree has been passed by the lower court against him/her, stating such fact, the concerned defendant may file an appeal in the nature of a written statement in the relevant appellate court within thirty-five days from the date of knowledge, but within six months of the date of such decree.

(2) If an appeal in the nature of a written statement is received under subsection (1), the appellate court shall, before hearing such appeal, determine whether summons was duly served on the person made a defendant in the plaint or on the person whom the court has made a defendant under section 123.

(3) If, upon hearing under subsection (2), the appellate court determines that summons was not duly served on the defendant or on the person whom the court has made a defendant under section 123, the ex parte decree passed by the lower court in such case shall be voided, and the appeal petition shall be treated as a written statement itself, and the lower court shall be ordered to re-initiate proceedings, hear, and decide the case according to law, and the case file shall be sent to that court.

(4) If the case file with the order is received from the appellate court under subsection (3), the relevant court shall, within three days of receiving such file, serve summons in the name of the plaintiff with a period of seven days, excluding travel time.

(5) If summons is served under subsection (4), if the plaintiff appears within the period, or after the period expires, the case shall be proceeded with, heard, and decided according to law. Chapter-9

Provisions relating to Written Statement and Counterclaim

119. Written statement to be filed: (1) The defendant shall file a written statement in the relevant court within twenty-one days, excluding travel time, from the date of service of summons on the defendant pursuant to Chapter-8 as amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075..

(2) Unless otherwise provided elsewhere in this Code, a written statement brought for filing after the period under subsection (1) shall not be registered, and even if registered, the court shall not accept such written statement. 120. Format of written statement: When submitting a written statement, it shall be prepared in the format according to Schedule-9. 121.
Muluki Civil Procedure Code, 2017

120. Format of written statement: When submitting a written statement, it shall be prepared in the format according to Schedule-9. 121. Counterclaim may be filed: (1) When submitting a written statement, if the defendant wishes to make any claim against the plaintiff, he/she may make such claim, and if he/she makes such claim, it shall be deemed to be a counterclaim.

(2) The counterclaim under subsection (1) shall be limited to the subject matter of the plaint claim, and such counterclaim must be mentioned in the written statement itself.

(3) If a counterclaim is made under subsection (1), copies of the written statement shall be filed at the rate of two copies if there is up to one plaintiff, and one copy for each additional plaintiff thereafter. Provided that if there are any number of plaintiffs from the same household, only one copy of the written statement may be filed for such plaintiffs.

(4) Out of the two copies of the written statement received under subsection (3), one copy shall be delivered by the court to the plaintiff or his/her representative who appears on the date fixed by the court immediately after the filing of the written statement.

(5) Within fifteen days of the delivery of the written statement under subsection (4), the plaintiff shall file in court a written reply stating whether he/she accepts or denies the counterclaim.

(6) Notwithstanding anything contained elsewhere in this section, if the defendant gives a statement akin to a written reply before the court and he/she has also made a counterclaim, the court shall make available one copy of the record of such statement to the plaintiff as per subsection (4).

(7) If the defendant has made a counterclaim under this section, the court shall order the party making the counterclaim to deposit the court fee under Chapter-6 within seven days, and only if the defendant pays the court fee in accordance with such order shall his/her counterclaim be established. 122. Registration of written statement: (1) If the defendant brings a written statement for registration, the court shall check whether such written statement is within the period and whether it is in proper form, and if it appears to be within the period and in proper form, the court shall register such written statement and give a receipt thereof to the concerned party in the format according to Schedule-3.

(2) If, upon checking the written statement under subsection (1), it appears that it has been brought after the expiry of the period or is not in proper form, the court shall state the reason therefor in the written statement and endorse it as rejected. 123.
Muluki Civil Procedure Code, 2017

123. Court may make a person a defendant: (1) Even if a plaint has not been filed against any person in court, if it appears that the right, interest, claim, or concern of any person is likely to be affected while proceeding with, hearing, or deciding a case, or if it appears from the contents of the plaint filed by the plaintiff or the written statement filed by the defendant that another person is also involved in the subject matter of the plaint claim, or if for any other reasonable reason something needs to be inquired from any person, the court may, stating the reason, order such person to be inquired.

(2) If any person must be inquired under subsection (1), a period of seven days, excluding travel time, shall be given, and if such person appears in court within the period so given, his/her statement shall be recorded.

(3) If the person inquired under subsection (2) wishes to give a statement disclosing evidence, the court shall record his/her statement, and if he/she wishes to submit a written reply, the court shall order him/her to submit a written reply within a reasonable time not exceeding seven days.

(4) If, from the statement or written reply under subsection (3), it appears that such person also has a concern or involvement in the subject matter of the plaint claim, or if his/her right, interest, claim, or concern is also likely to be affected when the court passes a decree, the court shall keep him/her on a date like a defendant.

(5) If, from the written reply submitted or statement given by any person under subsection (3), such person appears only as a witness, the court shall not keep him/her on a date. 124. Application may be filed to be made a defendant: (1) After a written statement is registered in court and before the decree is passed, if any person other than those made defendants in the plaint wishes, he/she may file an application in court stating the basis and reason that his/her right, interest, claim, or concern is involved in any case pending in the court and that his/her right, interest, claim, or concern is also likely to be affected when such case is decided, and request to be made a defendant in such case.

(2) If the contents of the application received under subsection (1) appear reasonable, the court shall make such person also a defendant and give information thereof to the plaintiff and other defendants in that case. Provided that a defendant made so shall not be entitled to make a counterclaim against the plaintiff. 125.
Muluki Civil Procedure Code, 2017

Provided that a defendant made so shall not be entitled to make a counterclaim against the plaintiff. 125. Written statement fee: A fee of two hundred rupees shall be charged for submitting a written statement. Chapter-10
Provisions relating to Rejection (Darpith)

126. Document to be examined: Upon receipt of a plaint, written statement, appeal petition, or a petition filed in the course of case proceedings for registration in the court, the concerned officer shall immediately examine whether such document is in the form prescribed by law or not, whether it is within the limitation period or prescribed period or not, whether it is within the jurisdiction of the court or not, whether the required particulars are stated or not, whether there are errors, incompleteness, or discrepancies in writing, presentation, or mention, or between figures and words, and whether such document is otherwise irregular or not. 127. Opportunity to correct document not in proper form: (1) If, upon examination under section 126, it appears that such document has defects such as not being in the form prescribed by law, not stating the required particulars, having errors or incompleteness in writing, presentation, or mention, or having discrepancies in figures or letters, and if such defects can be corrected and the document can be registered, the concerned officer shall, stating in the relevant document the particulars that need to be corrected or made in proper form, with the date mentioned, affix the court seal, endorse it as rejected (darpith), obtain a receipt, and return it to the concerned person.

(2) If a document is rejected (darpith) under subsection (1), if the remaining limitation period or prescribed period is more than three days, it may be brought for registration after correction or making it in proper form within the remaining limitation period or prescribed period; and if the remaining limitation period or prescribed period is less than three days, if brought for registration within seven days from the date of rejection, after correction or making it in proper form, the concerned officer shall order such document to be registered.

(3) If an order has been made under subsection (2), the court shall register such document. As amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.128.
Muluki Civil Procedure Code, 2017

As amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.128. Document to be rejected (darpith): (1) If, upon examination under section 126, it appears that such document is not within the limitation period or prescribed period, is not within the jurisdiction of the relevant court, is not triable or maintainable by the court, or is contrary to law and therefore cannot be registered, the concerned officer shall reject it (darpith), affix the court seal, obtain a receipt from the concerned person, and return it.

(2) If the complaint (ujuri) rejected due to lack of jurisdiction under subsection (1) is such that the final limitation period for filing a case on the matter expires on the day of rejection, then notwithstanding anything contained in the prevailing law, if the person making such complaint brings it for registration within fifteen days, excluding travel time, from that day, the court having jurisdiction shall register it according to law. 129. Retention of record in court: A copy of the document returned under section 127 or rejected (darpith) under section 128 shall be kept as a record in the court. 130. Application may be filed against rejection order: (1) A party not satisfied with the rejection (darpith) by the concerned officer under section 128 may, within seven days from the date of rejection, file an application before the judge of that court, and if the judge himself/herself has made the rejection, before the appellate court, requesting an order to register the document submitted by him/her.

(2) Within fifteen days from the date of the application under subsection (1), the judge of the relevant court or the appellate court shall pass an order on whether the rejection was in accordance with law or not.

(3) Before passing an order under subsection (2), the appellate court may, with or without calling for a caveat (kaifiyat), hear the matter on whether such rejection was in accordance with law or not, and if it appears not to be in accordance with law, it shall order registration of the document sought to be registered after rejection.

(4) If an order has been made under subsection (3), after receiving such order, the officer who made the rejection shall register such document on the same day.

(5) If, upon hearing under subsection (3), such rejection appears to be in accordance with law, the appellate court may, stating the reason, order the proceedings on such application to be concluded. Chapter-11
Provisions relating to Preliminary Hearing

131.
Muluki Civil Procedure Code, 2017

Chapter-11
Provisions relating to Preliminary Hearing

131. Plea of lack of standing, limitation, or jurisdiction may be taken: When submitting a written statement, if the defendant wishes to take a plea on any or all of the following matters, such matter must be mentioned in the written statement:-
(a) that the plaintiff does not have the standing (hakdaiya) to file the case,
(b) that the plaint was not filed within the limitation period,
(c) that the court in which the plaint is registered does not have the jurisdiction to proceed with, hear, and decide the plaint claim. 132. Preliminary hearing to be conducted: (1) If, when submitting the written statement, the defendant has taken a plea on any or all of the matters mentioned in section 131, the court shall conduct a preliminary hearing on such matter before commencing proceedings for taking evidence, hearing, or deciding that case.

(2) When conducting a preliminary hearing under subsection (1), the court shall, on the date following the date on which the dates of the plaintiff and the defendant are coordinated, conduct the preliminary hearing limited to the matter on which the defendant has taken a plea.

(3) When conducting a preliminary hearing under subsection (2), the court shall determine and pass an order or decision on whether the plaintiff has standing to register the plaint, whether the plaint was registered within the limitation period, or whether the court has jurisdiction to proceed with, hear, and decide such case.

(4) If, during the preliminary hearing under subsection (3), the plea taken by the defendant regarding lack of standing, non-filing of plaint within limitation, or lack of jurisdiction of the court does not appear reasonable, the court shall proceed with, hear, and decide such case according to law. 133. Proceedings conclude if case dismissed: (1) If, during the preliminary hearing under section 132, it appears that the plaintiff does not have standing to register the plaint, that the case was not filed within the limitation period, or that the court in which the plaint is registered does not have jurisdiction to proceed with, hear, and decide such case, the court shall pass a decree dismissing (kharej) such case.

(2) If a decree dismissing the case is passed under subsection (1), the proceedings of such case shall conclude. 134.
Muluki Civil Procedure Code, 2017

134. Plea on determined matter not allowed: (1) If, while passing an order under section 132, the court has ordered that the plaintiff has standing to register the plaint, that the case was filed within the limitation period, or that such court has jurisdiction to proceed with, hear, and decide such case, the defendant shall not be allowed to take a fresh plea on the same matter while appealing or filing an application for retrial or review of the case.

(2) Even if anyone takes a plea contrary to subsection (1), no hearing shall be held on it.

(3) Notwithstanding anything contained elsewhere in this section, an application may be made or an appeal may be filed against the order made by the court under subsection (3) of section 132 in accordance with section 157, and against the decision in accordance with section 205, to the relevant appellate court. Chapter-12

Provisions relating to Dates (Tarikh)

135. To be kept on a date: (1) Except in circumstances where a party is not required to appear on a date according to law or court order, the court shall keep each party to a case on a date and proceed with, hear, and decide the case.

(2) After the court has taken evidence from both the plaintiff and the defendant, any party may, with the permission of the court, refrain from appearing on a date if he/she wishes. 136. Same date to be fixed for both parties: (1) When parties are on a date, the court shall fix the same date for both parties.

(2) After the plaint is registered, the court shall estimate the period for filing the written statement and fix a date after deducting the period during which the written statement is to be or may be filed.

(3) If the date fixed under subsection (2) does not coincide with the day on which the defendant filed the written statement, the subsequent date shall be fixed as the same day for both the plaintiff and the defendant. 137.
Muluki Civil Procedure Code, 2017

137. Purpose to be mentioned when fixing date: (1) When fixing a date, the court shall mention in the date slip and date book the reason and purpose for which the date is fixed and what work is to be completed on the date so fixed.

(2) On the date fixed under subsection (1), the court shall complete the work fixed for that purpose.

(3) Notwithstanding anything contained in subsection (2), if the scheduled work cannot be completed on the fixed date due to a reasonable cause, or if the work cannot be done due to lack of time, the court shall state the reason in the date receipt and fix another date.

(4) The date book and date slip shall be kept in the format according to Schedule-10 and Schedule-11 respectively. 138. Dates not to clash: (1) Except in cases where a representative has been given according to law, if a party has a case also in another court located outside fifteen kilometers (approximately four kosh) from the court where the case is filed, and if such party has informed the court where the case is filed by submitting an application, then when fixing a date for the party, the court shall take that matter into consideration and fix a date that does not clash with the date of the case in the other court.

(2) If any person is on a date in more than one case in the same court as the same plaintiff or defendant, and if he/she files an application in court to fix the same date for all cases stating such fact, the court shall, as far as possible, fix the same date for all cases.

(3) In the situation where a date has been fixed under subsection (2), if a party to a case appears on a date in any one section of the court, he/she shall be deemed to be present also on the date of other cases in the same section.

(4) If any party to a case is present in court on the fixed date, the court shall obtain his/her signature or thumbprint on the date receipt according to Schedule-12 and record his/her presence.

(5) If any party is not present in court under subsection (4), he/she shall be deemed to have defaulted on the date, and the concerned officer shall certify and record that fact. 139. Next working day deemed as the date: If the court is closed on the date fixed by the court due to a public holiday, the following day after the public holiday ends shall be deemed as the fixed date. 140.
Muluki Civil Procedure Code, 2017

139. Next working day deemed as the date: If the court is closed on the date fixed by the court due to a public holiday, the following day after the public holiday ends shall be deemed as the fixed date. 140. To inform if person required to appear on date is imprisoned: (1) If a person required to appear in court on the fixed date is imprisoned for some reason and cannot appear, such person himself/herself, or a member of his/her immediate family, a legal practitioner, or a representative, shall inform the court in which case he/she is imprisoned.

(2) If information is received that a person is imprisoned under subsection (1), the court shall request from the concerned body information as to why such person is imprisoned and for how long he/she must remain in custody.

(3) When information is requested under subsection (2), the concerned body shall immediately provide information to the court where the case is filed, stating the reason for imprisonment and the likely days of detention, and if the person cannot be released immediately, that fact.

(4) If information is received under subsection (3) that the imprisoned person will be released within one month, and if he/she appears in court on a date within seven days, excluding travel time, from the date of release, that day shall be treated as the day of appearance, and a date shall be fixed according to law and the case shall be proceeded with.

(5) If information is received under subsection (3) that the imprisoned person will remain in custody for more than one month, or that the day of release is uncertain, or that he/she cannot be released immediately, the court shall not have to wait for such person to proceed with, hear, and decide the case.

(6) If the imprisoned person, during that period, appoints a representative to do the work that he/she has to do, the appointed representative may do such work on his/her behalf.

(7) Notwithstanding anything contained in subsection (5), if a case cannot be decided without summoning or hearing any party to the case, the court shall summon and hear him/her according to law and then proceed with, hear, and decide the case.

(8) Notwithstanding anything contained elsewhere in this section, if a person who was in custody during the course of proceedings is released and appears in court within seven days, excluding travel time, he/she shall be kept on a date and the case shall be proceeded with, heard, and decided. 141.
Muluki Civil Procedure Code, 2017

141. Proceedings not to stop even if date defaulted: (1) If any party to a case is absent and defaults on the date fixed by the court, after the expiry of the period for taking back the date under Chapter-21, the following shall apply in the following matters:-
(a) if the plaintiff defaults before the written statement is filed, the plaint claim shall be dismissed (dismiss),
(b) if the plaintiff defaults after the written statement is filed, if it appears or is determined that the defendant has partially or fully admitted the plaint claim, a decree shall be passed accordingly up to that extent, and the remaining claim shall be dismissed,
(c) if the defendant does not file a written statement, or after filing

(2) Notwithstanding anything contained in Sub-section (1), any party to the case may file a petition in the court hearing appeals against such court to have such proceedings annulled as well, on the ground that the time limit has been exceeded in the proceedings conducted in any court, or that the proceedings required to be conducted according to law in the case have not been conducted within the prescribed period, resulting in irregularity.

(3) If any petition is filed pursuant to Sub-section (1) or (2), the appellate court shall, after obtaining a report from the concerned court as necessary or by summoning the case record, conduct a hearing on such petition.

(4) Upon conducting a hearing pursuant to Sub-section (3), if the order or proceedings of the lower court appear to be irregular or time-barred, the appellate court may, stating the reason therefor, issue an order in the name of the lower court to annul or revoke such order, or to carry out any other act deemed appropriate by law. 158.
Muluki Civil Procedure Code, 2017

158. Provisions relating to issuing interim orders: (1) Until the final disposal of any petition, if it appears that the subject matter of a claim would become futile unless it is kept in status quo, the concerned petitioner may, stating such reason, request the issuance of an interim order.

(2) If an interim order is requested pursuant to Sub-section (1), the court may, if it deems just and necessary, issue any of the following orders for the period until the disposal of the petition:-
(a) to issue an interim order specifying a specific period,
(b) to issue an order to summon the other party for discussion as to whether the interim order issued pursuant to clause (a) should be continued or not,
(c) to issue an interim order with a condition upon expressing a written undertaking to bear compensation according to the prevailing law if, during the discussion regarding the interim order, it appears that the other party would suffer damage after the final decision of the petition due to the interim order having been issued in favor of one party,
(d) if it appears that the claim of the petition would become futile if the subject matter of the claim is not kept in status quo, to keep such subject matter in status quo.

(3) Notwithstanding anything contained in Sub-section (2), if it appears appropriate to make a final decision on the subject of the petition submitted for an interim order, the court shall not be barred from making a final decision on such subject.

(4) An interim order issued pursuant to Sub-section (2) shall be deemed automatically revoked after the final disposal of the petition.

(5) Notwithstanding anything contained elsewhere in this Section, after the court has once refused to issue an interim order, the concerned party may submit another petition for such order on the same subject by stating the grounds and reasons showing a fundamental change in circumstances.

(6) If a petition pursuant to Sub-section (5) is submitted, the court may, after hearing both parties, issue an interim order or other appropriate order regarding the interim order.

(7) In case an order has been made to summon the other party for discussion as to whether to continue or not continue the interim order issued pursuant to Sub-section (2), if the discussion cannot be held on the same day due to reasons attributable to the petitioner, such interim order shall become ineffective thereafter.

(8) While issuing an interim order or refusing to issue an interim order pursuant to this Section, the court must state the reason therefor.

(9) Nothing contained in this Section shall impede the continuation of proceedings on the subject matter of the case in a manner that does not affect the order issued pursuant to Sub-section (2) or (6).
Muluki Civil Procedure Code, 2017

159. Abatement of interim order: (1) Any party may submit a petition to the same court requesting the revocation of an interim order issued by the court, stating that the interim order was issued ex parte or that the party did not have an opportunity to present their case.

(2) If a petition is submitted pursuant to Sub-section (1), the court may summon the other party and conduct a hearing on the matter.

(3) Upon conducting a hearing pursuant to Sub-section (2), if it appears appropriate to revoke the previously issued interim order on that matter, the court shall revoke such order stating the reason therefor.

(4) Notwithstanding anything contained in Sub-section (3), if the court deems it appropriate to modify or alter the conditions of the interim order instead of revoking it, the court may, stating the reason therefor, modify or alter such conditions of the interim order. 160. Compensation to be paid: (1) If an interim order issued pursuant to this Chapter is revoked, or its conditions are modified or altered, and any party has suffered loss or damage due to being unable to carry out any proceedings because of the interim order before such revocation, modification, or alteration, such party may submit a petition to the concerned court requesting compensation, specifying the amount of loss or damage suffered by them, against the party who sought the interim order.

(2) If a petition is submitted pursuant to Sub-section (1), the court may summon the concerned parties and conduct a hearing on such matter.

(3) Upon conducting a hearing pursuant to Sub-section (2), if it appears that the petitioner has actually suffered loss or damage due to the issuance of the interim order, the court may order compensation to be paid for such loss or damage. Provided that,
No order shall be made for compensation for imaginary or indirect loss or damage.

(4) In case an order is made pursuant to Sub-section (3), the party seeking the interim order shall pay the compensation as per such order to the petitioner. Chapter-15

Provisions Relating to Examination of Documentary Evidence

161.
Muluki Civil Procedure Code, 2017

Chapter-15

Provisions Relating to Examination of Documentary Evidence

161. Documentary evidence to be submitted: (1) The plaintiff must submit, along with the plaint, and the defendant must submit, along with the written statement, the original and a copy of the documentary evidence related to the claims mentioned in the plaint and the contentions mentioned in the written statement.

(2) Notwithstanding anything contained in Sub-section (1), in a case where the Government of Nepal is the plaintiff or defendant, if the documentary evidence cannot be submitted immediately along with the plaint or written statement, the reason therefor may be stated and the details of which office possesses or is likely to possess such evidence may be mentioned in the plaint or written statement.

(3) In case details of the evidence are mentioned in the plaint or written statement pursuant to Sub-section (2), the court may, as necessary, itself summon and examine such evidence from the concerned office.

(4) Notwithstanding anything contained elsewhere in this Section, if the original copy of any documentary evidence cannot be submitted immediately to the court, a certified copy duly prepared stating the reason therefor may be submitted. 162. Evidence to be mentioned: (1) Notwithstanding anything contained in Section 161, if the original copy of any documentary evidence is in the custody of any person or entity and the original or copy thereof cannot be made available immediately, the plaintiff or defendant must mention the same in the plaint or written statement.

(2) If it appears necessary to examine the evidence mentioned pursuant to Sub-section (1), the court may order such person or entity to submit the original copy or copy of such evidence within the period specified by the court.

(3) In case an order is made pursuant to Sub-section (2), such person or entity must submit such evidence to the court within the period specified by the court.

(4) If any person or entity fails to submit such evidence within the period stipulated in Sub-section (3), the court may impose a fine of up to one thousand rupees on the chief officer of such person or entity. 163. To be able to request time: (1) If the plaintiff or defendant requests time stating the reason that it was not possible to submit documentary evidence at the time of filing the plaint or written statement, the court may, if the reason appears reasonable, grant time up to fifteen days.

(2) The plaintiff or defendant must submit such evidence to the court within the time granted pursuant to Sub-section (1).

(3) Evidence not submitted within the time limit specified in Sub-section (2) shall not be considered as evidence in such case. 164.
Muluki Civil Procedure Code, 2017

164. To be able to permit submission of evidence: (1) If any new and important documentary evidence, which was not within the knowledge of the plaintiff or defendant at the time of filing the plaint or written statement, comes to their knowledge or is discovered later, the plaintiff or defendant may request permission to submit such evidence, and if such reason appears reasonable, the court may permit the plaintiff or defendant to submit such evidence.

(2) If, because the evidence pursuant to Sub-section (1) is under the control of another person, entity, or body and cannot be submitted by the plaintiff or defendant themselves, and a petition is filed in court stating the reason, the court may order to summon such evidence pursuant to Sub-section (2) of Section 162. 165. Original documents to be returned: (1) After the original copy of an evidentiary document and a copy thereof are received pursuant to this Chapter, the concerned officer shall compare the copy of such evidentiary document with the original document, certify the copy, have the person submitting it affix their signature on such copy, and attach it to the case file.

(2) After attaching the certified copy to the case file pursuant to Sub-section (1), the court shall return the original copy of such evidence to the concerned person.

(3) If the original copy returned pursuant to Sub-section (2) is needed, the court may demand it from the concerned person at any time. If that person fails to submit the original documentary evidence so demanded, such evidence shall not be admissible as evidence in that case. 166. Evidence cannot be examined without submission of written statement: Except where otherwise provided by law, generally, proceedings for examination of evidence shall not be conducted until a written statement has been submitted or the period for submitting a written statement has elapsed. 167. Evidence to be examined: If it appears necessary to examine as evidence any document located in a government office mentioned in the plaint or written statement, an order to examine such evidence shall generally be given within seven days from the date of submission of the written statement, and if no written statement is submitted, from the date on which the period for submitting the written statement has elapsed. 168.
Muluki Civil Procedure Code, 2017

168. Taking evidence on matters to be adjudicated: (1) On the date fixed for the appearance of the parties to the case, the court shall, in the presence of the plaintiff and the defendant, examine the plaint, written statement, and all documentary evidence submitted, and also make necessary inquiries with them on that matter, and ascertain the points on which the parties agree or disagree.

(2) Upon ascertainment pursuant to Sub-section (1), if it appears that the parties agree on the claims, the court shall make a decision on the same day.

(3) Upon ascertainment pursuant to Sub-section (1), if it appears that the parties partially or fully disagree, the court shall clearly specify the points of disagreement that require adjudication and the additional evidence required to be examined in relation thereto, and shall order the summoning of evidence and fix a date for examining the evidence.

(4) Notwithstanding anything contained elsewhere in this Section, evidence shall not be taken on matters other than those relevant to the issues to be adjudicated in the case. 169. Court may order submission of documents: (1) If it appears to the court that any evidence which is necessary for adjudication of the case, but which a party has not been able to or cannot produce, is in the possession or custody of any person, the court may, at any time during the course of proceedings, by specifying a time limit, order such person to submit the evidence.

(2) In case an order is made to submit evidence pursuant to Sub-section (1), the concerned person must, within the period specified in the order, appear before the court themselves or submit such document through another person.

(3) A person who fails to submit a document pursuant to Sub-section (2), or fails to state a reasonable cause for being unable to submit the document, may be fined up to ten thousand rupees by the court. 170. Order of taking evidence: (1) Unless the court otherwise orders, when taking evidence on the date fixed for that purpose, generally, the evidence presented by the plaintiff shall be taken first, followed by the evidence presented by the defendant.

(2) When taking evidence pursuant to Sub-section (1), if any party to the case immediately objects that any document should not be admitted as evidence or is irrelevant, the court shall examine such matter and immediately pass an order on whether such objection is reasonable or not.

(3) While passing an order pursuant to Sub-section (2), if the court determines that a document presented by a party should not be admitted as evidence or is irrelevant, such fact shall be recorded and attached to the case file. 171.
Muluki Civil Procedure Code, 2017

If the party, upon seeing or hearing, characterizes such document as genuine, forged, or fabricated, the court shall record a statement to that effect and file it.

(2) If, when showing or reading aloud pursuant to Sub-section (1), a party cannot immediately determine whether it is genuine, forged, or fabricated and requests time, the court shall grant a period of up to three days.

(3) If a document bearing the signature of a person other than a party to the case is submitted, and a party to the case cannot immediately determine and characterize it as genuine, forged, or fabricated, and requests time, a period of up to fifteen days may be granted to submit a statement regarding its genuineness, forgery, or fabrication along with evidence.

(4) Whatever characterization (genuine, forged, or fabricated) the party makes in their statement within the time granted pursuant to Sub-section (3), the court shall record such statement and file it accordingly.

(5) When recording a statement pursuant to Sub-section (4), if any party states that such document is forged or fabricated, if all parties to the case are present on that day, their statements shall be recorded on the same day; if any party is not present, the statement of such party shall be recorded on the day they subsequently appear.

(6) In a case where a representative or legal practitioner is present on the date fixed, if it appears necessary to summon the concerned party themselves, the court shall summon such party and record their statement.

(7) If, when showing or reading aloud a document of evidence pursuant to this Section, the concerned party cannot determine its genuineness, forgery, or fabrication, the court may send such evidentiary document for examination to a relevant expert. 173. No need to read out for determination of genuineness, forgery, or fabrication: (1) A document which cannot be admitted as evidence by law need not be read out or shown for the purpose of determining its genuineness, forgery, or fabrication.

(2) If a document submitted as evidence by one defendant affects another defendant, the court shall, following the procedure under Section 172, show and read such evidence to the affected defendant and record their statement. 174. Taking evidence by appellate court: In a case received by a court upon appeal or for review of a decision on any grounds, if it appears necessary to determine the genuineness, forgery, or fabrication of a documentary evidence submitted as evidence in order to render justice, and if the lower court has already decided the case without completing such procedure, the appellate court shall summon the original of such document and record the statement of the parties. 175.
Muluki Civil Procedure Code, 2017

175. Proceedings, hearing and disposal to be conducted after taking statement: In any civil case, if a criminal matter cognizable by law arises from the written statement or statement of the defendant, proceedings, hearing, and disposal of the case shall be conducted upon recording the statement of the party from within the same case file. Provided that, a court which has jurisdiction to hear only specific types of cases as per law shall conduct proceedings, hearing, and disposal of only those cases as per the same law. 176. Affected party to be heard: If, upon study of the documents attached to the case file, it appears that the rights of a third party, other than the parties to the case, would also be affected while adjudicating any matter, or such person appears to be concerned in the case, the court shall also hear such person, give them a reasonable time and opportunity to present their case, and, based on the evidence submitted by them, place them on record similar to a party and conduct proceedings, hearing, and disposal of the case. 177. To be able to conduct measurement, inspection or survey: (1) If it appears that a case cannot be disposed of without measurement, survey, or inspection of the immovable property in dispute, the court shall order the measurement, inspection, or survey of such property.

(2) If an order is made pursuant to Sub-section (1) and the measurement, inspection, or survey of such property is to be carried out, the court shall specify the place where such measurement, survey, or inspection is to be conducted, fix a date for the parties to appear at such place, or issue a notice of the date.

(3) On the date fixed pursuant to Sub-section (2), at least one employee of the court of a minimum rank of non-gazetted second class and an amin shall go to the place where the immovable property is to be measured, inspected, or surveyed, and shall prepare a measurement, inspection, or survey map and minutes in the presence of both parties to the case, at least one representative of the local level (if available), and at least two local individuals.

(4) After measurement, inspection, or survey is completed pursuant to Sub-section (3), the employees deputed by the court shall have the signatures of the concerned parties, local individuals, and the representative of the local level affixed on such map and minutes.