chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(5) If an order is made pursuant to sub-section (2) or (4), such case shall be proceeded, heard or adjudicated by another judge in the same court, and failing such a judge, the case-file, accompanied by the reasons therefor, shall be sent to the nearby court of same level to proceed, hear and adjudicate the case, and due date shall also be appointed for the parties to make presence in that court. (6) If the case-file is received pursuant to sub-section (5), such a court shall also proceed, hear and adjudicate such a case despite that it is not within its jurisdiction. 288. Acts to be carried out by judge himself or herself: (1) The following acts, out of the acts to be carried out by the court pursuant to this Code, shall be carried out by the judge himself or herself: (a) To take and record depositions of parties, (b) To take an oath of witness, (c) To take and record depositions of witnesses, (d) To make interim or interlocutory orders, (e) To execute order sheets on matters to be decided in the case, (f) To issue order for the examination of evidence, (g) Preliminary hearing and pre-hearing discussions of cases, (h) To make hearings, (i) To effect compromise, (j) To pass judgments or issue any kind of final order. (2) Notwithstanding anything contained in sub-section (1), a judge may take assistance of an employee in the court whose rank is at least non-gazette first class, as far as available in the court, for the purposes of taking or record statements or depositions. 289. Translation of document: (1) If any document written in any language other than the Nepali language is submitted to the court in the form of evidence, and it appears necessary to translate such a document in the Nepali language, the court may order the party who has submitted such a document to submit a translation of the document in the Nepali language. (2) If an order is made pursuant to sub-section (1), the concerned party shall get the document translated in the Nepali language and submit a certified copy thereof to the court. 290. Assistance of translator: (1) If it is required to take a statement or deposition of any party or witness who is unable to understand the Nepali language, or for any other purpose, the court may appoint take assistance of a translator of the concerned language. (2) The concerned party shall bear the expenses incurred in taking assistance of the translator for statement or deposition pursuant to sub-section (1). 291. Power to ask parties of case at any time: (1) The judge may, prior to passing a judgment on a case, order and ask any matter to the parties of the case at any time. (2) The responses given pursuant to sub-section (1) shall be recorded in the case-file. 292. Civil procedure code
Civil procedure code

Identity of party or witness may be kept secret: (1) Notwithstanding anything contained elsewhere in this Code, if it appears that the disclosure of the identity of any party or witness may be prejudicial to the social prestige or honor of such a party or witness or may result in undue fear, terror or fright by any party or be prejudicial to the security of his/her body or life, the concerned party may request the court that the name, surname, address of such a party or witness or the name of his/her father or any other description which may disclose his/her identity be kept secret. (2) If a request is made pursuant to sub-section (1), the court may issue an order that the name, surname and address of such a party or witness and his/her father's name or his/her identity be kept secret. (3) In disclosing the name, surname, address of the person or his/her father's name having been kept secret pursuant to sub section (1) at the time of hearing of the concerned case or publishing details pertaining thereto, such disclosure shall be made under nick name, surname, address or father's name, as per the order of the court. 293. Duty to assist in witnessing or signing: (1) Any person required to witness an action or sign a document prepared by the court in the course of any proceeding pursuant to this Code shall assist the court by so witnessing the action or signing the document. (2) If any person refuses to witness a action or sign a document as referred to in sub-section (1), the employee executing that action or document shall execute such document which shall be signed by any other two persons present and by himself or herself, setting out that matter and remarks, along with the reason for the failure of such a person to witness or sign the concerned document. (3) Any document executed pursuant to sub-section (2) shall be deemed to have been executed in fulfillment of the requirements specified by law. (4) If any person required to sign any document executed before the court refuses to sign it, the judge shall set out the matter, mention remarks in the concerned document and sign it. (5) The concerned court may fine a person who causes obstruction to or does not cooperate in the action of the court pursuant to this Section with a maximum of five thousand rupees. 294. Saving of act done in good faith: No judge or other employee shall be subject to any action in relation to any act or action done or taken in good faith in accordance with this Code or the rules framed under this Code. 295. Civil procedure code
Civil procedure code

Not to be invalid by reason of printing or mathematical error: (1) Where there is any minor error or omission in respect of the procedures referred to in this Code while trying, hearing and settling a case, or mathematical or any other minor error or omission in writing or printing while preparing any document, all acts and proceedings relating thereto shall not be deemed invalid merely by that reason. (2) Where there is any mathematical or any other minor error or omission in writing or printing while trying, hearing and settling a case or while preparing any document pursuant to sub-section (1), the judgment may, by executing a separate memorandum, so correct such an error or omission that such correction does not affect the verdict. 296. Receipt to be taken or given: (1) While returning any original document registered in the court to any person or handing over any original document by the court to any person, a receipt or proof to the effect the such document has been so returned or handed over shall be executed or taken and enclosed in the case file. (2) While receiving any document submitted by any person to the court, it shall give a receipt of the same to that person. 297. Petition fee: Except as otherwise provided for in this Code, there shall be charged a fee of ten rupees while making any petition to the court. 298. Index of documents : There shall be maintained an index of documents in each case in the format specified in Schedule-30, and such index shall record the serial number and details of the documents, according to the order of the date of registration. 299. Disposal of documents: (1) After the completion of five years of the final decision on a case, the court shall dispose the documents, except the following documents enclosed in the case file of the said case: (a) Plaint, (b) Affidavit, (c) Statement of defense or counter claim, (d) Summons issued in the name of party, (e) Map or design related with the case, (f) Originals of documentary evidence, (g) Deed of compromise, (h) Memorandum of appeal, (i) Petition made for revision or review of verdict, (j) Judgment, decision, final decision made by the court, (k) Any such other documents as considered necessary to be preserved in accordance with law. (2) The employee responsible for documents ( _Shrestedar_ ) shall, prior to the disposal of documents pursuant to sub-section (1) prepare an inventory of the documents to be disposed and sign the inventory. 300. Power to make alteration in Schedules: The Government of Nepal may, by publishing a notification in the Nepal Gazette, make necessary alteration in, or addition to, or deletion from, the Schedules. 301. Power to frame rules: The Supreme Court may frame necessary rules on matters of court proceedings, for the accomplishment of the objectives of this Code. 302. Civil procedure code
Civil procedure code

(date), and has been tendered by him/her to me for the purpose of submitting a statement of defense; Now, therefore, I have acknowledged the receipt of the copies of the Plaint and evidence, along with the summons. Person acknowledging receipt of Plaint along with the summons: Signature: Name: Date: Time: Schedule-5 (Relating to sub-section (1) of Section 104 and Section 114) Summons Issued by .Office/Office in the Name of Defendant Whereas, Mr./Ms.., age of . years, son/ daughter/ husband/ wife of ., a resident of  Gown, Ward No.., VDC/Municipality, .District, has lodged a Plaint of ..case against you Mr./Ms.., age of . years, son/ daughter/ husband/ wife of ., a resident of  Gown, Ward No.., VDC/Municipality, in this Office/Court on ..date; Now, therefore, a copy of the Plaint is also hereby herewith forwarded. You are hereby informed to appear in person or send an attorney or law practitioner in accordance with law, accompanied by a Statement of Defense and your documentary evidence in accordance with law within twenty one days excluding the time limit required for journey after the date of receipt of this summons by you or the date of affixation of this summons at your house according to law. If you fail to appear in person or through an attorney or law practitioner, accompanied by the Statement of Defense within the time-limit, the case shall be adjudicated according to law, and any of your complaints on this matte shall not be entertained in the future. Civil procedure code
Civil procedure code

Summons issuing authority: Signature: Name: Post: Date: Time: Date of service: (a) In cases where the summons is received by the person required to receive: I hereby sign covenanting that I have myself received a copy of the summons, as well as a copy of the Plaint, issued in my name as mentioned herein in presence of the following witnesses:  (b) In cases where the summons is received by a member of the joint family of the person required to receive: As the person named in the summons as mentioned herein has refused to receive the summons/ has not been found, I, age ofyear, who is..by relation of ..the person who is named in the summons, hereby sign covenanting that I have received a copy of the summons, as well as a copy of the Plaint, issued in his/her name as mentioned herein, in presence of the following witnesses:  (c) In cases where the summons is affixed at the house of the person required to receive: We, the following persons, hereby sign covenanting that as the person named in the summons as mentioned herein as well as any major member of his/her joint family has refused to receive the summons/has not been found, a copy of the summons, as well as a copy of the Plaint, issued in his/her name, has been affixed at his/her house in a manner conspicuously to all in presence of us, the following witnesses, and it is true that a copy of the summons has been delivered to the Office of Ward No. of .VDC/Municipality. (d) In cases where the summons is to be served when the person required to receive it is not found: We, the following persons, hereby sign covenanting that as the person required to receive the summons as mentioned herein or his/her house as well has been searched but not found, a copy of the summons issued in his/her name has been affixed at.. of the concerned Ward or at public place (set out the place) of street., and the copy of the Plaint and the served summons have been sent back. Witnesses We hereby sign covenanting that it is true that the summons has been served in our presence in accordance with the above-mentioned clause. 1. Mr./Ms.., age of . years, a resident of  village, Ward No.., VDC/Municipality, .District. 2. Mr./Ms.., age of . years, a resident of  village, Ward No.., VDC/Municipality, .District. 3. Mr./Ms.., age of . years, a resident of  village, Ward No.., VDC/Municipality, .District. In presence: Mr./Mrs. ., member/secretary.. of VDC/Municipality,. Civil procedure code
Civil procedure code

District In cases where affixed at house or village city or street is not found Employee or office-bearer who signs covenanting that one copy of the summons as mentioned herein has been tendered for affixing at the notice-board of the Office of Ward No of this .VDC/Municipality: (Employee or office-bearer) Process server: Process server's name, surname: Signature: Date: Schedule-6 (Relating to sub-section (2) of Section 104) Summons Issued by .Office/Office in the Name of Person Except Defendant Whereas, it is necessary to inquire you, Mr./Ms.., age of . years, son/ daughter/ husband/ wife of ., a resident of  village, Ward No.., VDC/Municipality, .District, into some matters in connection with the case of , between the plaintiff and the defendant..; Now, therefore, you are hereby informed to appear in person in this Office/Court or send an attorney or law practitioner appointed in accordance with law within seven days excluding the time limit required for journey after the date of receipt of this summons by you or the date of affixation of this summons at your house according to law. If you fail to appear in person or through an attorney or law practitioner within the time-limit, the case shall be adjudicated according to law, and any of your complaints on this matter shall not be entertained in the future. Summons issuing authority: Signature: Name: Post: Date: Time: Date of service: (a) In cases where the summons is received by the person required to receive: I hereby sign covenanting that I have myself received a copy of the summons, as well as a copy of the Plaint, issued in my name as mentioned herein in presence of the following witnesses:  (b) In cases where the summons is received by a member of the joint family of the person required to receive: As the person named in the summons as mentioned herein has refused to receive the summons/ has not been found, I, age ofyear, who is..by relation of ..the person who is named in the summons, hereby sign covenanting that I have received a copy of the summons, as well as a copy of the Plaint, issued in his/her name as mentioned herein, in presence of the following witnesses:  (c) In cases where the summons is affixed at the house of the person required to receive: We, the following persons, hereby sign covenanting that as the person named in the summons as mentioned herein as well as any major member of his/her joint family has refused to receive the summons/has not been found, a copy of the summons, as well as a copy of the Plaint, issued in his/her name, has been affixed at his/her house in a manner conspicuously to all in presence of us, the following witnesses, and it is true that a copy of the summons has been delivered to the Office of Ward No. of .VDC/Municipality. Civil procedure code
Civil procedure code

(d) In cases where the summons is to be served when the person required to receive it is not found: We, the following persons, hereby sign covenanting that as the person required to receive the summons as mentioned herein or his/her house as well has been searched but not found, a copy of the summons issued in his/her name has been affixed at.. of the concerned Ward or at public place (set out the place) of street., and the copy of the Plaint and the served summons have been sent back. Witnesses We hereby sign covenanting that it is true that the summons has been served in our presence in accordance with the above-mentioned clause. 1. Mr./Ms.., age of . years, a resident of  village, Ward No.., VDC/Municipality, .District. 2. Mr./Ms.., age of . years, a resident of  village, Ward No.., VDC/Municipality, .District. 3. Mr./Ms.., age of . years, a resident of  village, Ward No.., VDC/Municipality, .District. In presence: Mr./Mrs. ., member/secretary.. of VDC/Municipality,. District In cases where affixed at house or village city or street is not found Employee or office-bearer who signs covenanting that one copy of the summons as mentioned herein has been tendered for affixing at the notice-board of the Office of Ward No of this .VDC/Municipality: (Employee or office-bearer) Process server: Process server's name, surname: Signature: Date: Schedule-7 (Relating to sub-section (3) of Section 113) Receipt Given by Attorney or Law Practitioner upon Receiving Plaint Accompanied by the Summons/Summons I have received the Plaint accompanied by the summons and a copy of evidence/summons tendered by Mr./Ms, who has lodged the Plaint in this Office/Court on..(date), for the purpose of submitting a State of Defense. Attorney or law practitioner receiving plaint accompanied by the summons/summons: Signature: Name, surname: Address: Date: Time: Certificate number of attorney/law practitioner: Schedule-8 (Relating to Section 120) Format of Statement of Defense To be filled by Court/Office Registration number: Date of registration: Statement of Defense Submitted to ..Court/Office Civil diary number of the year Mr./Ms.., age of . years, son/daughter/husband/wife of ., a resident of . -Defendant (If there are two or more Defendants, mention the same details in the case of each Defendant) Versus .., age of . years, son/daughter/husband/wife of ., a resident of . -Plaintiff (If there are two or more Plaintiffs, mention the same details in the case of each Plaintiff) Case: Whereas, in the above-mentioned case, the summons accompanied by the Plaint has been served on.. (date); I/we have appeared along with the Statement of Defense within the time limit, in relation to the matters claimed by the Pliant in various paragraphs of his/her Plaint. 1. I/we have set out the following paragraphs my/our true statements in relation to the matters claimed by the Plaintiff: (a) (b) (c) (d) (e) 2. I/we admit the claims of Plaint fully or partly/do not admit the same at all. 3. Mention counter claims if any: (a) (b) (c) 4. Civil procedure code
Civil procedure code

Any such penalty, fine, court fees, government amount in question or other fees as imposed on me by the court pursuant to law is not due and payable by me. I do not suffer any disqualification for being an attorney, in accordance with law. Date: Thumb impressions Signature: Right Left ...........(Full name) ...........(Full address) Witnesses: It is true and correct that this power of attorney has been drawn up and signed in our presence. (1) .age of ......years, a resident of.................. (2) .age of ......years, a resident of.................. (3) Writer: This Power of Attorney has been drawn up at. Date: Schedule-13 (Relating to sub-section (3) of Section 185) Format of Summons Issued in the Name of Witness Summons issued by............ Office/Court in the name of................a resident of............ Whereas, you have been mentioned as a witness by .. in the case of..........., in which..................is plaintiff and ..............is defendant, and it is required to inquire you into some matters and take your deposition; Now, therefore, you are hereby required to appear in this Office/Court at.......o'clock in the morning on the------day of the month of..........the year........ If you fail to appear, it shall be in accordance with the laws. Signature of summons issuing authority: Signature: Name: Post: Date: (Seal of the Office/Court) Schedule-14 (Relating to sub-section (5) of Section 186) Format of Deed of Records of Examination of Witness through Video Conferencing It is true and correct that since Mr./Ms.., a resident of, who is a witness of the plaintiff/defendant, in the case.., in which ..is plaintiff and .defendant, could not appear in the court, that witness has been examined through video conferencing by an order dated.. The witness was examined in presence of us, the following persons. Name, surname of the witness: Signature of employee deputed by the court: Name, surname and post of employee deputed by the court: Signature of plaintiff, defendant or their attorney or law practitioner: Name and surname of plaintiff, defendant or their attorney or law practitioner: Signature of member or representative of local body: Name, surname and post of member or representative of local body: Schedule-15 (Relating to Section 189) Form of Oath To be Taken by Witness I............hereby take an oath in the name of the God/ swear with truth and honesty that in the case of...............versus............, I shall give true statement of whatever I have seen, known and heard; that I shall not conceal or lie any matter; and that I shall give true answers to all questions asked by the Office/Court and by or on behalf of the parties to the case, to the extent of whatever I have seen, known and heard. If the matters are proved false, I shall be liable to the consequences as per law. Signature of oath taking person: Date: It is true and correct that the witness has taken oath in my presence. (Signature of the judge) Date: Schedule-16 (Relating to sub-section (4) of Section 192) Format of Taking Deposition of Witness Case................ Civil Diary Number............of the year......... Civil procedure code
Civil procedure code

Other necessary matters: (Note: In the matters to be mentioned in the subsequent part of the judgment, the judgment passing judge shall mention how the judgment is executed, whether it is appealable or not and if appealable, in which court it is appealable, whether court fees, charges are to be recovered or not, and if so recovered, how they are to be recovered and other necessary matters depending on the nature of the case). The judge has to put his/her full signature here, along with the date Name of the employee assisting in the preparation of the judgment: Done on , theday of the month of..of the year.. Schedule-19 (Relating to sub-section (3) of Section 205) Format of Notice of Appeal Time Limit along with Judgment/ Notice of Judgment The notice of appeal time limit along with judgment/notice of judgment issued by Court/Office in the name of , a resident of. Whereas, in the case of, in which ..is plaintiff and .is defendant, judgment has been passed by this Court/Office on., sustaining the plaintiff claim/dismissing the plaintiff claim/withholding the plaintiff claim; Now, therefore, if you are not satisfied with the judgment, you are hereby informed to make an appeal in the Appellate Court within..days from the date of receipt of this time-limit or of the affixation of the notice of time limit at your house. If you fail to make an appeal within the time limit and expire the time limit, the case shall be dealt with in accordance with law. Any of your subsequent claims shall not be entertained. This notice is hereby sent for your information. Signature of authority issuing the notice of appeal time limit/judgment: Signature: Name: Post: Date: Schedule-20 (Relating to sub-section (3) of Section 213) Format of Memorandum of Appeal To be filled by Court/Office Registration number: Date of registration: Memorandum of Appeal filed in..Court/Office , a resident of Appellant/Plaintiff/Defendant (If there are two or more Appellants, mention the same details in the case of each Appellant) Versus , a resident of Respondent/Plaintiff/Defendant (If there are two or more Respondents, mention the same details in the case of each Respondent) Case: The judge and Court/Office passing judgment: Date of judgment: Case file number of judgment: Whereas, I/ we am/are not satisfied with the judgment passed by the said judge and the court/office in the above-mentioned case in which I/ we am/are party, thereby holding the following matters in relation to the following matters, and I/ we have got the notice of the judgment on. (mention the date); Now, therefore, I/ we hereby make the following appeal, pursuant to Section..of the Civil Code, 2067 (2010). 1. Short description of the case: 2. Grounds on which the judgment is based: 3. Reasons for making appeal and matters of rebuttal of the grounds on which the judgment is based: (a) (b) (c) 4. Appeal pleas: 5. Court fees and other fees chargeable in making appeal: 6. Other necessary matters, if any: (a) (b) (c) 7. Civil procedure code