chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(6) If, in effecting the service pursuant to sub-section (5), any judicial document has to be served in pursuant of any specific procedure or manner as per the request of the foreign court and request is made accordingly by the central body, the concerned court shall also pursue such procedures or manner. (7) After the service of any judicial document pursuant to sub-section (5) or (6), the concerned court shall prepare a description of the service of such a document in the format set forth in Schedule 24 and forward it to the central body. (8) If the details of service received pursuant to sub-section (7) has to be translated into the English language as per the request of the foreign court, the central body shall translate it and certify the original copy received from the concerned court and the translated copy and send the same to the requesting foreign country through diplomatic channels. 230. Taking of evidence abroad: (1) If, on any case that is _sub judice_ in a court, it is necessary to take any evidence outside Nepal, the court may make an order for that purpose. (2) If an order is made pursuant to sub-section (1), the concerned court shall make a submission to the central body. (3) Where a submission is made by the court pursuant to sub-section (2), the central body shall set down the details of evidence to be taken in the form set forth in Schedule-25 and make a request to the concerned country, through diplomatic channels, to effect the taking of evidence by the concerned authority of that country. (5) Notwithstanding anything contained elsewhere in this Section, if a request has been made to effect the taking of an evidence pursuant to this Section and the concerned foreign country has refused to take evidence or the evidence has not been taken by the competent authority of such a country, nothing shall bar the adjudging of the case by examining the other available evidence by that reason only. 231. Power to take evidence as per request of foreign court: (1) If any evidence has to be taken in Nepal in relation to any case that is _sub_ _judice_ in any foreign court or body, such court shall make a request to the central body through diplomatic channels. Civil procedure code
Civil procedure code

(2) The request referred to in sub-section (1) for taking an evidence shall state the following matters: (a) The foreign court or body making request to effect the taking of evidence, (b) Where the court or body requested to effect the taking of evidence in Nepal is identified, details thereof, (c) Nature of the case in relation to which request is made to effect the taking of evidence, (d) Details of the parties of the case and their attorneys or representatives, (e) Details of the evidence or other judicial action to be taken in Nepal, (f) If any witness has to be examined in Nepal, the name, surname and address of such a witness, (g) If any witness has to be examined in Nepal by a letter rogetory, the details of interrogatories to be asked to him/her, (h) Whether the witness has to take an oath on making deposition, the details thereof, (i) If any inspection, survey, measurement, map or examination of any document, movable or immovable property has to be made in Nepal, the details thereof, (j) Other necessary details. 232. Request to be in Nepali language: A request made to take evidence pursuant to Section 231 shall be set down in the Nepali language. Provided that if a request is set down in any foreign language and it is not practicable to translate it into the Nepali language and, upon showing the reasons for the same, the original copy in the English language or its formal translation in English from another language is attached, such a request shall be acceptable to the central body or the concerned court, as the case may be. 233. To be sent to the concerned court: (1) Upon receipt of a request referred to in Section 231, the central body shall study whether it is appropriate to take evidence in Nepal or not. (2) If, upon studying pursuant to sub-section (1), it appears appropriate to take evidence in Nepal pursuant to the request by the foreign country, the central body shall request the concerned court to take evidence in accordance with the request. Explanation: For the purposes of this Section, the expression "concerned court" means the following court to take the following evidence: (a) Where any witness has to be examined or replies to the letter rogetory prepared, the district court of the area where such a witness or person is residing or living, (b) Where any inspection, survey, measurement, map or examination of any movable or immovable property has to be made or the description thereof prepared, the district court of the area where such a property is situated, (c) Where details relating to any document has to be set out, the district court of the area where the government or non-government office or the person in custody of that document is situated or is living or residing. Civil procedure code
Civil procedure code

(3) If, upon studying pursuant to sub-section (1), it appears that the evidence cannot be taken in Nepal as per the request, the central body shall give information thereof, setting out details thereof, to the concerned authority of the requesting country, through the diplomatic channels. 234. The concerned court to take evidence: (1) If the central body request the concerned court to take evidence of any matter as per the request of a foreign court pursuant to sub-section (2) of Section 233, the concerned court shall proceed to take such evidence as if such an evidence were taken on the proceedings of any case _sub-judice_ in that court. (2) Where a time-limit has to be given to any witness or person to appear before the court pursuant to sub-section (1), the concerned court shall give the time-limit of a maximum of seven days, excluding the time required for journey, and such a summons of time limit shall be served in accordance with Chapter-8. (3) In taking evidence pursuant to sub-section (1), the concerned court shall take evidence being confined to such matter as on which the witness has to be examined or to such interrogatories as on which replies of letter regotary have to be prepared or to such evidence, document or movable or immovable property as the description of which has to be given, as per the request of the foreign court. (4) If, in examining a witness or preparing replies of a letter regotary or examining a document or evidence, the parties of the case on which evidence is to be taken pursuant to this Section or their attorneys or law practitioners wish to appear before the court, the concerned may grant a leave to such parties, attorneys or law practitioners to appear before the court at the time of taking evidence. (5) In taking evidence pursuant to this Section, the concerned court shall apply the laws of Nepal. Provided that if the foreign court has made a request to take evidence of any specific subject by adopting any specific procedures or manner on any specific matter and it is requested by the central body to take evidence accordingly, the concerned court shall have to take evidence accordingly. 235. To send evidence taken to foreign court: (1) The concerned court shall send the evidence taken pursuant to Section 234 to the central body. (2) If the evidence received pursuant to sub-section (1) has to be translated into any foreign language as per the request of the foreign court, the central body shall translate it accordingly and send the same to the foreign court through diplomatic channels. 236. Expenditure to be borne: If any expenditure to be incurred in serving a summons or taking any request in pursuance of a request made by a foreign court pursuant to this Chapter, the requesting court shall bear such an expenditure. 237. Civil procedure code
Civil procedure code

Recognition and enforcement of foreign judgments: (1) Any judgment made by a court of any foreign country shall be recognized in Nepal and may be enforced in Nepal, in the following circumstance: (a) If such a judgment has been made by a competent court with proper jurisdiction, (b) If such a judgment is enforceable in the concerned country, (c) If such a judgment is final and not subject to review in accordance with the law of the concerned country. (2) Notwithstanding anything contained in sub-section (1), the judgment made by the court of foreign country shall not be recognized and enforced in Nepal in the following circumstance: (a) If such a judgment seems to be deceptive or fraudulent from procedural viewpoint, (b) If there has been filed and sub judice in a court of Nepal a case between the same parties for the same fact and purpose as on which such a judgment has been passed, prior to the case being filed in the foreign court, (c) If the case referred to in clause (b) has already been adjudged by a court of Nepal, (d) If the case referred to in clause (b) has been adjudged by a court of another country, and such a judgment has been recognized and already enforced or being in the process of enforcement in Nepal, (e) If such a judgment has been passed without giving adequate opportunity to any party of the case to represent himself or herself fairly, (f) If such a judgment seems to have been passed without following due process required for the proceedings of a case. 238. Petition to be made for enforcement of judgment passed by foreign court: (1) Any party who wishes to have a judgment passed by a foreign court recognized and enforced in Nepal has to make a petition, accompanied by the following documents, to the concerned appellate court: (a) A full and certified text of the judgment, (b) If the judgment has been made in the absence of any party of the case, the original or certified copy of the document establishing that the summons has been duly issued on such a party, (c) All documents establishing that the judgment has fulfilled the terms as referred to in clauses (b) and (c) of sub-section (1) of Section 237, (d) Where the judgment is not set down in the Nepalese language, a Nepalese translated version of the judgment, along with certification by the diplomatic or consul representative or by a person authorized to do formal translation of the judgment. Civil procedure code
Civil procedure code

(2) If a petition referred to in sub-section (1) is received, the appellate court, upon studying such a petition, is satisfied that the judgment passed by a foreign court fulfills the terms as referred to in sub-section (1) of Section 237 and that there is no reason to refuse to recognize it pursuant to sub-section (2) of the same Section, the court shall forward the judgment passed by the foreign court to the concerned district court to recognize and enforce it. Explanation: For the purposes of this Section, the term "concerned district court" means the district court of the area/territory where any amount in question, partition and foreclosure, as well, have to be recovered, effected or made, as the case may be, pursuant to the judgment. 239. Judgment to be executed by district court: If so written by the appellate court pursuant to sub-section (2) of Section 238, the concerned district court shall enforce the judgment as if it were one passed by itself. 240. Compromise between parties: (1) If a petition is made for the enforcement of a foreign judgment in Nepal pursuant to Section 238, and the parties wish to enter into a compromise by enforcing the judgment with mutual consent, they may make a joint petition to the concerned court, setting out the details including the terms and conditions of such compromise. (2) If a petition is made pursuant to sub-section (1), the concerned court shall effect compromise to enforce the judgment with the consent in pursuance of the petition. (3) If compromise is effected pursuant to sub-section (2), the concerned parties shall enforce the judgment in pursuance of the mutual consent. 241. Non-enforcement in absence of treaty: (1) In order to serve a summons issued by a court of any foreign country in Nepal, take evidence in Nepal at the request of any foreign court or enforce a judgment passed by a court of any foreign country in Nepal, there shall be a bilateral treaty concluded between Nepal and such a foreign country. (2) If any treaty has not been concluded pursuant to sub section (1), notwithstanding anything contained elsewhere in this Chapter, a summons issued by such a court cannot be served, evidence cannot be taken at the request of such a court or a judgment passed by such a court cannot be enforced in Nepal. Civil procedure code
Civil procedure code

(3) Notwithstanding anything contained in sub-section (2), if any foreign country makes a request, through diplomatic channels, to the Government of Nepal for the service of a summons issued by a court of a foreign country on any specific case or for the taking of evidence as per the request of the court of such a country, and that country gives assurances through diplomatic channels that it will serve a summons issued by any court of Nepal on similar type of case or take evidence as per the request of any court of Nepal in that country in the future, the summons issued by the court of such a country can be served or evidence can be taken at the request of that court on the basis of reciprocity. (4) Where assurance has been made or summons served or evidence taken pursuant to sub-section (3), the central body shall maintain records thereof. 242. Non-enforcement: Notwithstanding anything contained elsewhere in this Chapter, if it would be contrary to public order or sovereignty of Nepal in serving a summons issued by a court of any foreign country in Nepal or taking evidence in Nepal at the request of such a court or enforcing a judgment passed by such a court or as a result of such service or enforcement, no such summons may be served, evidence taken or judgment enforced. Chapter-22 Execution of Judgments 243. Records to be prepared: (1) Where any judgment is made by the court ordering the foreclosure, entry into records, striking off of records, transmission, preemption, partition, recovery of amount in question, realization of fine or court fees, the concerned court shall, as soon as possible, prepare the records thereof and forward the same to the bailiff section. Explanation: For the purposes of this Chapter, the term "amount in question" means any amount including compensation as required to be recovered pursuant to the judgment. (2) Upon receipt of the records pursuant to sub-section (1), the concerned employee shall create a separate case-file on it, accompanied by a copy of the judgment, for the purpose of the execution of judgment. (3) Where the records referred to in sub-section (2) are prepared by the court hearing appeal, the concerned employee shall forward the case-file, accompanied by the records, to the concerned district court within a period of seven days of the preparation of the judgment. 244. Execution by concerned district court: (1) The district court where the plaint or complaint has been filed shall execute the judgment passed on such a case irrespective of the level of court passing the judgment. (2) The concerned district court shall execute the judgment on a case originally tried and settled by the court hearing appeal. (3) Notwithstanding anything contained elsewhere in this Section, if the district court executing the judgment cannot be ascertained owing to the subject-matter of the case, the district court designated by the court hearing appeal shall execute the judgment of that case. Civil procedure code
Civil procedure code

Provided that the judgment passed by any authority other than the regular court shall be executed by the concerned authority. 245. Postponement of execution of judgment: Notwithstanding anything contained in Section 243, the court shall postpone the execution of judgment in the following circumstance: (a) If an appeal is made in a case which is appealable pursuant to law, until the case is finally disposed on appeal, (b) If no such appeal is made, until the period allowed for preferring appeal is expired; (c) If an order is made to summon the presence of parties in the court of revision of case pursuant to Section 224, until it is disposed, (d) If an order is made to make the review of a case pursuant to Section 225, until it is finally disposed. 246. Not to bar execution of judgment or deed of compromise: Notwithstanding anything contained elsewhere in this Chapter, nothing shall bar the execution of judgment or deed of compromise in the following circumstance: (a) In cases where a case is _sub judice_ in a court in pursuance of a petition made by a party to have a judgment on any case reviewed or revised, except as otherwise ordered by the court, to execute the judgment passed on that case by the reason only that such a petition has been made, (b) Even though a case to withhold a judgment or a deed of compromise is filed by any one, except as otherwise ordered by the court, to execute the judgment or deed of compromise on that case, (c) If it appears that the property remaining as the subject matter of a case will get damaged if the judgment of any case is not executed immediately or if the winning party of a case involving payment of compensation makes a written commitment to bear compensation for any loss caused to the other party if the winning party looses the case on appeal subsequently, to execute such a judgment by the court prior to the expiration of the time-limit for appeal in such a case or prior to passing of judgment on appeal, (d) If the parties of case agree on some matters of any case that is _sub judice_ in the court and the matters so agreed can be separated and executed accordingly, and order is made by the court to that effect. 147. Appointment of attorney: If any party of the case is not able to appear in person in the course of execution of judgment, such a party may assign and send an attorney for that purpose. 148. Opportunity to be given to enter into compromise or mediation: (1) Notwithstanding anything contained elsewhere in this Chapter, if the parties wish to execute the judgment through a compromise or mediation, they may make a joint petition, setting out that matter, to the court. Provided that no petition may be made for compromise or mediation on the matter of recovery of a government amount in question. Civil procedure code
Civil procedure code

(2) If a petition is received from the parties for compromise or mediation pursuant to sub-section (1), the court shall specify the period of execution and provide them with an opportunity to execute the judgment through a compromise or mediation. (3) If the parties agree to execute the judgment through a compromise or mediation within the period given pursuant to sub section (2), the court shall effect the compromise between the parties in accordance with law. (4) If the parties do not agree to execute the judgment through a compromise or mediation within the period given pursuant to sub-section (2), the court shall have to execute the judgment in pursuance of the procedures as referred to in this Chapter. 249. Parties to remain on recognizance: (1) Where the court of first instance passing judgment on a case passes judgment ordering the foreclosure, entry into records, striking off of records, transmission, preemption, partition and recovery of amount in question, among others and the parties of case are present in the court, the court shall so appoint the due date for the parties to make presence for the purpose of executing the judgment that the date falls after the period of expiration of the time-limit for appeal. (2) If an appeal is made on the case by the date appointed pursuant to sub-section (1), the court shall discontinue the recognizance of the parties. (3) Where a final judgment is made also by the court hearing appeal to do as set forth in sub-section (1) and the parties of a case are present in the court, the court shall appoint the due date for the parties to make presence for the purpose of executing the judgment and ask the parties to make presence before the concerned court of first instance and send the case-file to the latter court if the parties of the case are not present in the court. (4) If the parties of case make presence before the court of first instance pursuant to sub-section (3), the court shall hold the parties who are present on recognizance for the purpose of executing the judgment. (5) If intimation is received from the court hearing appeal that the parties are not on recognizance pursuant to sub-section (3), parties are not present on the appointed due date or the case becomes final upon the judgment of court not being appealed and the parties of a case are not present in the court, the court of first instance shall issue a summons of twenty one days in the form set forth in Schedule-23 for the parties to make presence in the court for the purpose of executing the judgment. (6) Notwithstanding anything contained elsewhere in this Section, if it is not necessary to hold any party on recognizance in the course of execution of judgment, the court shall not hold such a party on recognizance. 250. Civil procedure code
Civil procedure code

Power to execute judgment upon collecting additional fees: (1) If a party of a case shows up for the execution of judgment after the expiration of the time-limit for the undertaking to continue the case or the extension of the expired time-limit, the court shall execute the judgment by collecting the additional fees of ten percent of the fees chargeable for the execution of judgment if it is within six months of the expiration of the time-limit and of twenty five percent thereof if it is within one year of such expiration. (2) If the party is not present to have a judgment executed even within the period as referred to in sub-section (1), the court shall close the proceedings relating to the execution of such a judgment, except as otherwise provided for in this Chapter. 251. Continuity of case or extension of expired due date: (1) If any party of the case dies in the course of execution of a judgment, his/her heir may undertake to continue such a case pursuant to this Code. (2) If any party of the case expires the appointed due date in the course of execution of a judgment, he/she may extend the expired appointed due date pursuant to this Code. 252. Procedures for effecting foreclosure: (1) If, in the course of foreclosing in pursuance of a judgment, the party shall be caused to pay to the court three percent of the amount in question of the property subject to foreclosure if such an amount is set out as fees prior to the deputation of a commission for the foreclosure effected by the court. (2) If the party entitled to foreclosure pays the amount to the court within the time referred to in sub-section (1), the court shall on the same day of payment of amount appoint the day on which a commission to effect foreclosure is to be dispatched and give a notice thereof to the parties and appoint the due date for them to make presence at the place where the foreclosure is to be effected; and if the person to allow the foreclosure is not on recognizance, the court shall also give a notice of that matter to such a party. (3) In appointing the due date or giving notice pursuant to sub-section (2), if the property to be foreclosed is a house or land, a notice shall also be given to vacate such a house or land. (4) If the property to be foreclosed is in possession or custody of a person other than the parties of the case, the court shall also give a notice to such a person to appear at the place where the commission is deputed. (5) The court shall depute a commission on the day appointed pursuant to sub-section (2) and foreclose such a property in pursuance of the judgment. Civil procedure code