chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(3) Notwithstanding anything contained elsewhere in this Section, if information is received that the case suspended in another court has been adjudged or there is no reason to continue the suspension of the case, the court shall revive and proceed the suspended case. (4) In suspending the case, the parties on recognizance shall be dispensed with the requirement to make presence on the appointed due date. In reviving the suspended case, the parties on recognizance shall be summoned by giving them a time-limit of seven days, and the case shall be proceeded. 208. Powers to transfer cases: (1) If a court makes a report to the Supreme Court, setting out the reason for any obstruction to or hindrance with the settlement by the court of any case filed in it and yet to be settled and the reason seems to be reasonable, the Supreme Court may order another court of equal jurisdiction to proceed, hear, try and adjudicate such a case. (2) Where an order is made pursuant to sub-section (1), such a court shall proceed, hear, try and adjudicate the case pursuant to that order. Provided that an appeal against the judgment made by such a court shall lie with the court hearing appeals from the court in which the plaint was originally filed. 209. Power of Supreme Court to hear and adjudicate case: Notwithstanding anything contained elsewhere in this Code, if, on the petition of any party of a case or the report of the concerned court in which the case is filed, the Supreme Court is of the opinion that, in view of the fact that the case involves some complex constitutional question or legal question of public importance or concern or related to interpretation it will be appropriate to have the case heard and adjudicated or any constitutional or legal question involved in the case decided by the Supreme Court, then the Supreme Court shall, for the reasons to be recorded, make an order to call for such a case and hear and adjudicate it by itself. (2) Where an order is made pursuant to sub-section (1), the file of such a case shall be forwarded to the Supreme Court and information thereof shall be given to the parties of the case and date to appear shall be appointed. (3) Where an order is made pursuant to sub-section (1), the Supreme Court may hear and settle such a case or decide any constitutional or legal question involved in that case, and remand the case-file to the concerned court for the disposal of the rest matters. Chapter-19 Provisions Relating to Appeal 210. Appeal to lie: (1) Except as otherwise provided for in this Code, a party who is not satisfied with a judgment made by the court of first instance may make appeal to the concerned appellate court within thirty days from the date of knowledge of the judgment. Civil procedure code
Civil procedure code

(2) The time-limit for appeal shall begin within thirty days after the date of the deed executed to the effect of hearing the judgment where a party of an appealable case or his/her attorney, being present in the court, has heard the judgment, or after the date of the service of the notice of judgment, if any, where the party has not so appeared. (3) Notwithstanding anything contained in sub-section (2), even though a deed is not executed to the effect of hearing the judgment or the notice of judgment made is not served, the party of the case shall make an appeal within thirty days after the date of receipt of the duplicate copy of the judgment of the court within one year of the judgment of the case. 211. Circumstances where appeal cannot lie: Notwithstanding anything contained in section 210, no appeal shall lie in any of the following circumstances; (a) Where the time-limit has been expired without submitting the statements of defense or without making defense after the receipt of the summons or after the service of the summons, (b) Where the case has been compromised or mediated, (c) Where the plaint has been withdrawn, (d) Where the plaint has been dismissed. Provided that an appeal may be made in the case of the plaint being dismissed unduly. 212. Requirement to pay court fees in making appeal: An evidence of payment of the court fees leviable in making an appeal pursuant to law shall be submitted with the memorandum of appeal. Provided that where an appeal is tendered for registration with the leave of court subject to the payment of the court fees at the time of the judgment of the case, the appeal shall be registered despite that an evidence of the payment of the court fees is not produced. 213. Matters to be stated in memorandum of appeal: (1) While making a memorandum of appeal, it shall be made, accompanied by a certified duplicate copy of the judgment, to the court hearing appeals from the court that has made the judgment, stating, _inter alia_, the following matters: (a) A short description of the case, (b) The court and judge making the judgment, (c) Details of the time-limit for making appeal, (d) Grounds on which the judgment is based, (e) Appeal pleas and grounds thereof, (f) Legal basis for making appeal, (g) Legal basis in support of the appeal pleas, (h) Appeal fees. (2) In making an appeal, the memorandum of appeal shall be written in descent language, and be accompanied by necessary documents proving the pleas of appeal. (3) The memorandum of appeal shall be in the form set forth in Schedule-20. (4) There shall be charged the appeal fees of two hundred rupees while making an appeal. 214. Appeal required to be made to court hearing appeal: (1) In making an appeal, the memorandum of appeal as referred to in Section 213 shall be prepared and registered. Civil procedure code
Civil procedure code

(2) Where a memorandum of appeal is tendered for registration pursuant to sub-section (1), the court shall examine whether the matters referred to in Section 213 are stated in the memorandum of appeal or not, whether it is made within the time limit as referred to in sub-section (2) or (3) of Section 210 or not, whether it is in the specified form or not, whether the fee as specified by the court is paid or not and whether the court fees are to be paid or not, and register it if it meets the requirements and give a receipt in the form set forth in Schedule-3 to the concerned party. (3) If, in examining a memorandum of appeal pursuant to sub-section (2), it does not seem to meet the requirements for any reason, the concerned court shall, for the reasons to be recorded, not register the memorandum of appeal and shall make endorsement on it. 215. Memorandum of appeal may be filed in court adjudging case: (1) Notwithstanding anything contained in Section 214, a memorandum of appeal may also be registered through the court adjudging the case. (2) Where a memorandum of appeal is tendered for filing/registration pursuant to sub-section (1), such a court shall file the memorandum of appeal in fulfillment of the procedures as referred to in Section 214. (3) The memorandum of appeal tendered for registration pursuant to sub-section (2) shall be sent, accompanied by the concerned case-file, to the court hearing appeal within three days. (4) If the appellant who has filed a memorandum of appeal pursuant to this Section wishes to be on recognizance, the due date shall be appointed for appearance in the concerned court hearing appeal. 216. Appeal by government employee to concerned court: (1) If any government employee is to make an appeal on a case involving his/her right, interest and concern and is not able to appear in person in the court hearing appeal owing to a government business, he/she may file the appeal, setting out the reasons, through such type of court hearing appeal, if any, available in the area where he/she is in service or failing such a court, through the district court in the area where he/she is in service. (2) If an appeal is tendered for filing pursuant to sub-section (1), such a court shall file the appeal in fulfillment of the procedures as referred to in Section 214. (3) If an appeal is filed pursuant to sub-section (2), the court filing the memorandum of appeal shall send such a memorandum of appeal, along with certification of the filing of the memorandum of appeal and the concerned employee making appeal is in service in that area, to the concerned court hearing appeal within three days. (4) If a government employee making appeal pursuant to this Section wishes to remain on recognizance, the court filing the memorandum of appeal shall hold him/her on recognizance and send information thereof to the concerned court hearing appeal. 217. Civil procedure code
Civil procedure code

Calling for case-file: (1) Upon the registration of an appeal in the court hearing appeal pursuant to this Chapter, the court shall call for the case-file of the concerned case within three days. (2) If the case-file is called for pursuant to sub-section (1), the concerned court shall send the case-file to the court hearing appeal within three days of the receipt of letter. 218. To make order to respondent to make presence: (1) After receipt of the case-file from the lower court pursuant to Section 217, the court hearing appeal shall, within fifteen days, hold hearings as to whether the case has to be tried by summoning the presence of the respondent as prayed by the appellant or not. (2) If, upon holding hearings pursuant to sub-section (1), it does not seem that the verdict made by the lower court will be reversed, the court hearing appeal shall adjudge as so held. (3) If, upon holding hearings pursuant to sub-section (1) and in consideration of the case upon appeal, it seems that the verdict made by the lower court may be reversed, the court hearing appeal shall, for the reasons to be recorded, order to summon the presence of the respondent for hearings. 219. Service of summons on respondent: (1) Where an order is made pursuant to sub-section (3) of Section 218, the summons as referred to in that order shall be served, in the form set forth in Schedule-21. (2) The summons as referred to in sub-section (1) may be served by the court hearing appeal itself or through the court making judgment in the case originally in fulfillment of the procedures as referred to in Chapter-8. (3) If the summons is served pursuant to sub-section (2), the respondent may, if he/she so wishes, submit defenses in writing to the court hearing appeal. (4) If the respondent so wishes, the case shall be tried, heard and settled by holding him/her on recognizance. 220. Hearing of appeal: (1) After the service of the summons pursuant to sub-section (1) of Section 219, the court hearing appeal shall appoint the day for hearing where the respondent is present and both the appellant and the respondent are on recognizance and hear the appeal on that day, and even though both parties or either party are/is not on recognizance, the court hearing appeal shall appoint the due date or day for hearing the appeal and hear the appeal on that date or day. (2) After the service of the summons pursuant to sub-section (1) of Section 219, the court hearing appeal shall hear the appeal despite that the respondent is not present. (3) Upon holding hearings pursuant to sub-section (1) or (2), verdict shall be made as so be held. (4) While delivering an appellate judgment, it shall be made in the format as referred to in Schedule-22. 221. Civil procedure code
Civil procedure code

Powers of the court hearing appeal: Upon hearing a case n the appellate level pursuant to Section 220, the court hearing appeal shall make any of the following decisions: (a) To uphold or withhold the judgment of the lower court; (b) To reverse partially or fully the judgment delivered by the lower court; (c) Where the judgment has been made by the lower court without examining such evidence as required to have been examined, to make such examination by itself or to order the lower court to make such examination, (d) If any particular matter required to have been adjudged (fact in issue) in the case has not been adjudged, to make such adjudgment itself or order the lower court to adjudge such matter; (e) To make any consequential or incidental amendment to the judgment of the lower court. 222. To exercise of powers of court of first instance: In trying, hearing or adjudging a case on appeal pursuant to this Chapter, the court hearing appeal may exercise the powers exercisable by the court of first instance. 223. Synchronization of hearings and judgments: (1) Where various parties have made separate appeals against the decision made by the lower court on the same case, hearings of all appeals shall be synchronized and judgment passed as so held. (2) Even though, in making a decision pursuant to sub section (1), any appeal has already been decided for any reason, the case shall be adjudged upon the remaining appeals as so held as if such appeal were not adjudged previously. Chapter-20 Revision and Review of Cases 224. Revision of cases: (1) If the concerned party makes a petition to the Supreme Court within thirty days, excluding the time required for journey, after the date of a judgment or final order, setting out that such a judgment or final order made by the Appellate Court on a case not appealable to the Supreme Court pursuant to law contains any of the following circumstances, the Supreme Court may conduct the revision of the judgment or final order made by the Appellate Court: (a) If the judgment or final order involves error in the interpretation of the Constitution or law, (b) If any legal principle established by the Supreme Court has not been followed or has been applied with wrong interpretation; (c) If irrelevant law has been used; (d) If any government or public property is misappropriated or any loss is caused to such a property or ownership or possession of a person is established in an unauthorized manner over such a property due to lack of proper and exact evaluation of the evidence contained in the case file of a case involving dispute relating to such government or public property. (2) If a petition is received for the revision of a case pursuant to sub-section (1), the Supreme Court shall conduct hearings on whether the circumstance referred to in sub-section (1) exists in the judgment or final order of the Appellate Court or not. Civil procedure code
Civil procedure code

(3) If, on conducting hearing pursuant to sub-section (2), it appears that the judgment or final order of the Appellate Court contains the circumstance referred to in sub-section (1), the Supreme Court shall order the presence of the other parties of such a case in order to conduct the revision of the case. (4) If the other parties of the case appear pursuant to sub section (3), the Supreme Court shall also conduct hearing for revision, also in presence of them, and pass judgment on the case. 225. Power to review: (1) Notwithstanding anything contained elsewhere in this Code, the Supreme Court may review its judgment or final order in any of the following circumstances: (a) If the party has come to discover or know any evidence or fact likely to materially affect the judgment or final order only after the judgment or final order has been made, (b) If it appears that the judgment or final order has been passed contrary to the precedent or legal principle enunciated by the Supreme Court prior to the passing of the judgment or final order, as the case may be. (2) If any circumstance referred to in sub-section (1) exists in the judgment or final order made by the Supreme Court, the party of case may make a petition, setting out the reasons, to the Supreme Court for review within thirty five days of the knowledge by no later than one year after the date of the passing of the judgment or final order. (3) If, on examining the petition received pursuant to sub section (2), it contents seem to be reasonable, the Supreme Court shall make an order to review the case. (4) Notwithstanding anything contained elsewhere in this Section, the Supreme Court shall not review its judgment or final order in any of the following circumstances: (a) If the judgment or final order has once been reviewed in accordance with law, (b) If the questions raised by the petition for review were also raised in the Division Bench of the Supreme Court and they were heard by the Full Bench because the Judges were divided in their opinions thereon, and decision was already made by addressing those questions, (c) If the case has already been settled by way of revision pursuant to the prevailing law prior to the commencement of this Code, (d) If the judgment of the Appellate Court has been upheld in the case reviewed pursuant to Section 224. 226. Case to be settled being confined to relevant matters: In conducting the revision of a case pursuant to Section 224 or review of a case pursuant to Section 225, the case shall be adjudicated being confined only to such grounds and relevant matters as on which the Supreme Court has made an order to revise or review the case, as the case may be. Chapter-21 Provisions Relating to Mutual Legal Assistance 227. Civil procedure code
Civil procedure code

Power to make order to serve summons: (1) If, on any case filed in a court, any summons is to be served on any person who is living or residing in a foreign country, the court may make an order for that purpose. (2) If an order is made pursuant to sub-section (1), the court shall make a submission, accompanied by the following matters, to the central body to serve such a summons on the person who is living or residing in a foreign country: (a) Full name of the person on whom the summons has to be served, (b) The country where the person as referred to in clause (a) is living or residing, the local address of him/her and other description setting out his/her identity (his/her passport number, identity card number etc. ), (c) If the summons cannot be served on the address of the person as referred to in clause (a), the country of the enterprise where he/she works or which he/she operates, and the address thereof, (d) Details in relation to which case the summons has to be served. Explanation: For the purposes of this Chapter, the term "central body" means any such body as may be designated by the Government of Nepal by a notification in the Nepal Gazette. (3) Where a submission is made pursuant to sub-section (2), the central body shall translate the court order and the details in the English language and make a request to the concerned country through diplomatic channels. (4) If, in making a request pursuant to sub-section (3), any treaty has not been concluded with such a country for that purpose and, for the service of such a summons in the concerned country, any assurance has to be made by Nepal to the effect that the summons of similar nature issued by the competent court of such a country in the future will be served in Nepal on the basis of reciprocity, the central body may make such assurance through diplomatic channels. (5) If information is received from the country requested for pursuant to sub-section (3) that the summons has been served on the concerned person, the summons shall be deemed to have been duly served on that person. (6) If the country requested for pursuant to sub-section (3) refuses to serve the summons or such a country gives information to the central body through diplomatic channels that the summons has not been served for the reason that such a person could not be found or identified, the contents of such summons shall be published in a daily newspaper of national circulation in the country where such a person is living or residing or in Nepal. (7) Where a summons is served pursuant to sub-section (6), the summons shall be deemed to have been duly served. 228. Civil procedure code
Civil procedure code

Request may be made to effect service of judicial document issued by foreign court: (1) If any judicial document issued by a foreign court has to be served on any person who is residing or living in Nepal, the concerned foreign country shall, pursuant to the order of such a court, make a request to the central body through diplomatic channels. Explanation: For the purposes of this Chapter, the term "judicial document" means any such document like a summons, plaint or statement of claims, petition or memorandum of appeal issued by any foreign court. (2) The request referred to in sub-section (1) shall state the following matters: (a) The foreign court making order to serve the judicial document in Nepal, (b) Details of the case in the context of which such order has been made, (c) Details of the judicial document to be served, (d) The name, surname, address of, and other necessary details to identify, the person on whom the document referred to in sub-section (1) has to be served, (e) Details of which procedure or manner has to be followed to effect the service of such a judicial document. (3) The request referred to in sub-section (1) has to be accompanied by a memorandum set down for the service of the judicial document in the format set forth in Schedule-23 and the document to be served. (4) The request and the judicial document to be served or its authentic copy referred to in sub-section (3) has to be in duplicate. 229. Service of judicial document: (1) Upon receipt of a request referred to in Section 228, the central body shall study whether the request of a foreign court meets the requisite terms or not and whether any judicial document can be served in Nepal accordingly or not. (2) If, upon studying pursuant to sub-section (1), it appears that the judicial document issued by such a foreign court cannot be served in Nepal, the central body shall give information, accompanied by the reasons for the same, to the concerned country through diplomatic channels. (3) If, upon studying pursuant to sub-section (1), it appears appropriate to serve the judicial document issued by such a foreign court in Nepal pursuant to the request by the foreign court, the central body shall request the concerned court to serve such a document. Explanation: For the purposes of this Chapter, the term "concerned court" means the district court of the area where the person on whom the judicial document has to be served is residing or living. (4) If a court is requested by the central body to serve any judicial document pursuant to sub-section (3), the court shall proceed to serve such a judicial document as if the judicial proceeding were _sub judice_ in that court. (5) In serving a judicial document pursuant to sub-section (4), it shall be served in accordance with Chapter-8. Civil procedure code