chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(6) Except where the impression of any one thumb or both thumbs is caused to be put while putting, or causing to be put, thumb impressions pursuant to this Section, in putting, or causing to be put, the impression of any other figure, the matter that the impression of other figure has been put or caused to be put for the reason that the actor has no such a thumb or the wheel like and conch like marking therein have not appeared clear shall be set down in the concerned deed. 32. Signature to be put: If in relation to a deed on which the impressions of the thumbs of both hands and signature of the actor who is to put thumb impression have to be put or on which the finger impressions and signature of the actor have to be put in accordance with law, the finger impressions cannot be put on the deed owing to the circumstance set forth in Section 31, and the actor can make signature in writing, the actor shall put or cause to be put only his signature in writing on the deed, and the deed shall contain the matter that figure impression could not be put on the deed for the reason that the actor has no figure in both hands or despite having one, the wheel like and conch like marking therein are not clear. 33. Deed to be valid: Where a deed is signed or on which finger impression is put on it, such a deed shall be valid for any purpose and enforced in accordance with law. 34. Deed to be caused to be signed by guardian or curator: (1) In signing a deed or causing it to be signed by an actor in accordance with law, if the actor is not able to make signature pursuant to Section 30 and, in putting or causing to be put figure impressions on the deed pursuant to Section 31, the actor has no figure in both hands or despite having one, the wheel like and conch like marking therein are not clear, a person who can be a guardian or curator of such an actor shall put signature on the deed on behalf of, and in the presence of, that actor in accordance with law. (2) In signing or sealing a deed or causing it to be signed through a person who can be a guardian or curator pursuant to sub section (1), the deed shall contain the matter that the guardian or curator has signed it on behalf of, and in the presence of, that actor for the reason that the actor has no figure in both hands or despite having one, the wheel like and conch like marking therein are not clear. 35. Civil procedure code
Civil procedure code

Procedures to be fulfilled in executing deed by person who is not able to seal it: (1) If a person who is not able to seal a deed by putting finger impressions on it for the reason that he/she has no finger in both hands can make signature, the deed certifying authority shall cause him/her to put his/her signature only on the deed and certify the deed, stating that mater in any part of the top of the deed. (2) In executing a deed by a person who is not able to seal the deed by putting on it the figure impression by the reason that he/she has no finger in both hands and who is not also able to make signature, the deed shall be certified, in witness of his/her wife or husband living in an undivided family and, failing such a person, in witness of the guardian or a person who has the first and foremost right in the order of priority to inherit him/her, setting down in it the reason which the figure impression and signature of the deed executing person have not been put on it. 36. Requirements to be met in executing deed on behalf of persons of special group: (1) Notwithstanding anything contained elsewhere in this Chapter, in executing a deed on behalf of a blind or dumb, it shall be executed in presence and witness of a person who can be his/her guardian living in an undivided family or failing such a guardian, a person who can be his/her curator, stating that the deed corresponds to what has been expressed or gestured by such a blind or dumb. (2) In submitting any deed to a government office or corporate body or preparing deeds such as a plaint, statement of defense, memorandum of appeal or petition, such a deed shall be filed or submitted, by getting it certified to that effect by the chief of the office or body to which such a deed is to be produced or by a person authorized by the chief to that effect. 37. Identification details to be set down: (1) In preparing the deeds referred to in sub-section (2) of Section 29, the deeds shall be prepared clearly setting down the identification details of the main actors related with the deeds. (2) In setting down the identification pursuant to sub-section (1), there shall be set down the three-generation details of the concerned person, namely his/her father's, mother's, grand-father's and grand-father's name, his/her wife's or husband's name, his/her citizenship number, age, date and district of issue of the citizenship certificate, his/her permanent address, and in the case of such a person being a foreign citizen, details of his/her citizenship, his/her passport number, country of issued of passport and date of issue of passport, his/her address and email address. Civil procedure code
Civil procedure code

(3) In executing a deed in presence of a guardian or curator pursuant to this Chapter, there shall be set down in the deed the guardian's or curator's name, surname, address, citizenship number, and in the case of such a guardian or curator being a foreign citizen, his/her passport number and email address. 38. Details of body corporate to be mentioned: (1) In executing or causing to be executed any deed on behalf of a body corporate, the deed shall mention details clearly identifying such a body, its registration number or place of registered or head office and shall be signed, or cause to be signed, by the person authorized to that effect by a resolution of the directors thereof. (2) In getting the deed to be signed pursuant to sub-section (1), the person to sign the deed on behalf of such a body shall not be required to put finger impression on the deed. Provided that upon the deed being signed, the seal of such a body shall be affixed thereunto. (3) Notwithstanding anything contained in sub-section (2) of Section 29, in the case of a deed of which a body corporate is the actor, it shall not be required to mention the description of three-generation. 39. Only signature to be sufficient: Notwithstanding anything contained elsewhere in this Chapter, in signing any deed by any public office bearer in that capacity, by an office-bearer of a body corporate in that capacity, in preparing a report of any study, or research, examination or inquiry or signing or sealing any deed other than a deed required by law to bear finger impressions, the finger impressions shall not be required to be put thereon, and if the deed is duly signed by the concerned person, such a deed shall be deemed to have been duly executed. 40. Seal to be put in indelible ink: (1) In putting or causing to be put finger impressions pursuant to this Chapter, the wheel like or conch like figure shall be colored in indelible ink or otherwise and shall be impressed on the deed. (2) In putting signature by a person required to make it, the person shall put the same in indelible ink. 41. Place and date to be set down while preparing deed: In preparing a deed as referred to in sub-section (2) of Section 29, the deed shall contain the main contents thereof and state at the end the place and date of execution of such a deed. 42. Deed to be witnessed: (1) A deed required to be prepared in witness of persons pursuant to law shall be prepared in witness of at least two persons who are competent to enter into a contract and state that the act, transaction as referred to in the deed have been carried out. Civil procedure code
Civil procedure code

(2) A deed prepared pursuant to this Chapter shall state the details setting out the identity and address of witnesses as mentioned in sub-section (1) and be signed or sealed, or caused to be signed or sealed, pursuant to this Chapter. (3) If a deed prepared pursuant to this Chapter has been written by the actor himself or herself, the deed shall state that matter and if it has been drafted by another person, it shall state that matter and signed by the writer, indicating his/her identity. (4) If any license has to be obtained in accordance with law in order to prepare a deed, the writer preparing the draft pursuant to sub-section (3) shall also state the details thereof. 43. Deed failing to meet requirements to be invalid: (1) A deed prepared without fulfillment of the requirements pursuant to this Chapter shall not be valid, and no right, claim, interest or concern of any person shall be enforced by such a deed. (2) Notwithstanding anything contained in sub-section (1), a deed may be recognized in the following circumstance by imposing a fine not exceeding two hundred rupees in view of the nature of the deed. (a) Where a person who can write has not put finger impression but has put signature duly or where the person has put finger impression but the impression is not legible, (b) Where a person who can write has not put signature but has put finger impression only, (c) Where the deed at its end containing the date is not signed or sealed by the actor, (d) Where a deed is not witnessed or despite being witnessed, it does not bear the signature of the witness, (e) Where the name, surname, address and designation have to be set down, any or all of the surname, address and designation has or have been omitted. 44. Deed executed by actor to be valid: Notwithstanding anything contained elsewhere in this Chapter, if it is proved that a deed required to be signed by the actor has been hand written by the actor himself or herself, such a deed shall be valid in accordance with law. 45. Deed may be registered upon making addition legibly: (1) If some addition and cross-out is made and contents added in legible manner in a deed tendered for registration in a government office or body corporate, in getting it to the signed, there shall be made a remark in the deed that such addition and cross out have been made or letters added therein and certified to that effect and then the deed shall be registered. (2) In the case of a deed written by a government office or body corporate and tendered for registration, the chief of such office or body or the person authorized by the chief may sign it and register it. Civil procedure code
Civil procedure code

(3) If any deed does not meet the requirements pursuant to sub-section (1) or (2) and cannot be registered, the chief of office or body shall, for the reasons why the deed cannot be registered to be clearly recorded, write such reasons on the reverse side of the deed, date and sign it and return it, by getting a receipt from the person tendering it for registration. (4) Notwithstanding anything contained elsewhere in this Section, no document registered or filed in a government office or body corporate shall be returned to any one nor shall it be exchanged nor shall any figure, letter be deleted, crossed out or altered. 46. Copies of deeds to be provided: (1) If any person who has concern in a case or his/her law practitioner makes a petition for a copy of a document contained in the case-file including the plaint, statement of defense, memorandum of appeal, petition, deed related with the evidence produced by the plaintiff or the defendant and the judgment, the court shall provide it as soon as possible. Provided that any law practitioner may obtain a copy of a judgment. (2) Except as provided for in sub-section (1), any person who is concerned with any deed maintained with a government office or body corporate may make a petition, setting out the matter that the person is concerned with the deed, to the concerned government office or body corporate for a copy of the deed. (3) In providing a copy pursuant to sub-section (1) or (2), there shall be charged the fees of five rupees per page of A-4 size where the concerned person himself or herself has copied a deed or made a photocopy of the same and the fees of ten rupees per page of A-4 size where the court or other government office or body corporate has itself made a copy and provided it. (4) In providing a copy pursuant to sub-section (3), the matter that the copy has been provided at the request of the person who has applied for the same and the copy corresponds to the original shall be mentioned on the first page of the copy and the copy shall be certified by the competent authority. (5) Notwithstanding anything contained elsewhere in this Section, the concerned court, government office or body corporate shall not be compelled to provide the copy of a deed that has to be kept confidential or that has not to be made public pursuant to law or that has been ordered by a court not to be made public. Chapter-5 Provisions Relating to Limitation 47. Plaint to be made within limitation: (1) If any certain period of time is specified by law to make a plaint in, or submit any kind of claim, to any court on any matter, such a period of time shall be deemed to be a limitation. Civil procedure code
Civil procedure code

(2) Where the limitation is provided for pursuant to sub section (1), a plaint shall be made within such a limitation. (3) If any person shows up in the court to make a plaint in contravention of sub-section (2), his/her plaint shall not be filed, and even if such a plaint happens to have been filed for any reason, such a plaint shall be annulled. 48. Plaint may be made failing provision of limitation: If no limitation is provided by law for the filing of a plaint on any matter, a plaint may be made within six months after the date of occurrence of the cause of action. 49. Commencement of limitation: (1) If there arises a circumstance to make a plaint on any case, the limitation shall be deemed to have commenced in accordance with that law which provides for limitation. (2) If there is no legal provision in relation to the commencement of limitation pursuant to sub-section (1), the limitation shall be deemed to have commenced from the date on which the cause of action has arisen. 50. Plaint may be made from the date of knowledge: (1) Where a plaint has to be made as a result of deception, forgery, fraud or conspiracy or for similar other reason or the limitation gets expired in a circumstance where any act is done clandestinely and it is not thus known then, and the concerned person shows up to make a plaint setting out that matter within thirty five days after the date of knowledge of that matter by him/her, the court shall file and try such a plaint subject to this Chapter, Notwithstanding anything contained in Section 48 or 49. (2) In the case of a plaint to be made by the Government of Nepal or any body corporate for the purpose of sub-section (1), the date of knowledge by the concerned office or body corporate shall be deemed to be the date of knowledge by the plaintiff. 51. Plaintiff may be filed after leave: (1) If the deadline of limitation falls on a public holiday and a plaint is tendered for filing on the first day on which the court opens immediately after such a holiday, the court shall file the plaint. (2) If a plaint is filed pursuant to sub-section (1), the plaint shall be deemed to have been filed within the limitation. Explanation: For the purposes of this Section, the term "public holiday" means the holiday for whole or half day as notified as such by the Government of Nepal that the government offices or courts remain closed on such a day. 52. Limitation of minor or person of unsound mind: (1) If any person who has to make a plaint is a minor, the limitation shall be deemed to have commenced in his/her case from the day on which he/she attains majority. Civil procedure code
Civil procedure code

(2) If any person who has to make a plaint becomes of unsound of mind prior to the commencement of limitation, the limitation shall be deemed to have commenced in his/her case from the day on which he/she becomes of sound mind. (3) If any person becomes of unsound mind after the commencement of limitation, if the person makes a plaint within the period of limitation that remains after deduction of the period during which he/she becomes of unsound mind, the plaint shall be deemed to have been made within the limitation. Provided that the period of limitation that remains after the person who was of unsound mind has become of sound mind is less than fifteen days, the period of fifteen days shall be deemed to be the remaining term of limitation. 53. Commencement of limitation of heir: (1) If a minor or a person of unsound mind who is to file a plaint dies before the minor becomes major or the person becomes of sound mind, his/her heir may make the plaint within the limitation from the date on which he/she dies. (2) If a minor becomes major and then dies, his/her heir may make a plaint within the remaining period of limitation when the remaining period of limitation is thirty five days or more, and within thirty five days if he/she dies when the remaining period of limitation is less than thirty five days. (3) If a person of unsound mind becomes of sound mind and then dies, his/her heir may make a plaint within the remaining period of limitation when the remaining period of limitation is thirty five days or more, and within thirty five days if he/she dies when the remaining period of limitation is less than thirty five days. 54. Plaint by guardian: Notwithstanding anything contained in Section 52 or 53, if there is a guardian of a minor or a person of unsound mind, as provided for in law, the guardian may make a plaint within the limitation as referred to in this Chapter. 55. Limitation not to be postponed: Notwithstanding that any of the persons who are to make a plaint jointly is a minor or a person of unsound mind, the limitation shall not be postponed in the case of the other persons. Provided that such a minor or person of unsound mind may make a separate plaint subject to Section 53 after he/she becomes a major or a person of sound mind. 56. Limitation in relation to transaction carried on abroad: If there is a provision in law or contract that a plaint may be made in any court of Nepal in relation to any act, action or transaction done or taken in a foreign country, such a plaint may be made subject to this Chapter as if such an act, action or transaction were done or taken within Nepal. 57. Civil procedure code
Civil procedure code

Limitation of plaint lodged in court without jurisdiction: If any person lodges a plaint in any court in accordance with law, it appears from the statement of defense submitted by the defendant or otherwise that the court has no jurisdiction to make decision on such a plaint, the limitation for lodging a plaint by the concerned person shall be deemed to have commenced from the date on which such a court ends the proceeding thereon. Provided that, (1) Where the court has made a endorsement at the time of lodging a plaint that it has no jurisdiction, the limitation for lodging plaint pursuant to this Section shall not be extended by the reason only that the court without jurisdiction has proceeded with, (2) After the court in which a case has been filed knows that it has no jurisdiction to try, hear and settle the case, nothing shall be deed to preclude, merely by the reason that such a court has not settled the plaint, the concerned person from lodging a plaint in the competent court within the limitation as provided in law, (3) Where a plaint is made, lying as to the limitation, after the expiration of the limitation in accordance with law, the jurisdiction cannot be established merely by the reason that the plaint has been filed. 58. Limitation not to be expired: If the limitation has expired with a person being unable to file a plaint within the limitation owing to the existence of the following force majeure event (circumstance beyond control) and the concerned party tenders a plaint for filing within the following period, setting out that matter, the court shall, notwithstanding anything contained elsewhere in this Chapter, file and proceed with such a plaint, subject to Section 59: (a) If the concerned person himself or herself has to observe obsequies by the reason of someone's death, seven days, excluding the time required for journey, after the date of completion of obsequies, (b) If the concerned person is a woman has delivered a child, thirty days, excluding the time required for journey, after the date of delivery, (c) If motor vehicles have not plied because the route has remained closed because of flood, landslide and snow fall or declaration of curfew or otherwise, ten days, excluding the time required for journey, after the date of resumption of such a route or movement of motor vehicles, (d) If the concerned person has been abducted or taken hostage by another person, seven days, excluding the time required for journey, after the date of release from such abduction or hostage taking, (e) If a divine or natural calamity such as earthquake has occurred, ten days, excluding the time required for journey, after the date of occurrence thereof. 59. Civil procedure code
Civil procedure code

Evidence of reason for expiration of limitation to be submitted: (1) In making a plaint pursuant to Section 50 or 58, the reason for being unable to make the plaint within the limitation shall be set out in the plaint or in a separate petition, and such proof or evidence as required to prove the same shall also be produced. (2) If a person who is not able to produce a proof or evidence of the reason why the person has not been able to lodge a plaint within the limitation at the time of making plaint pursuant to sub-section (1) makes a request for a time-limit for the production of such a proof or evidence, the court may give such a time-limit as it deems appropriate, but not exceeding twenty one days after the date of filing of the plaint, for the production of such a proof or evidence. 60. Limitation to commence from date of approval: If any law provided that approval of any one has to be obtained in accordance with law prior to making a plaint against any person, organization or office-bearer, the limitation for making a plaint by the concerned person on that matter shall be deemed to commence from the date of notice of such approval received by that person. 61. Limitation not to be computed pending specification of authority: If the Government of Nepal or any other body or office-bearer has authority to specify the authority, court or body to adjudicate a case under any law and if such authority, court or body is specified within the limitation, a plaint has to be lodged accordingly, and if such an authority, court or body is not so specified, a plaint has to be lodged within a period of fifteen days, under the relevant law, after the date of specification of such an authority, court or body. 62. Computing of period of limitation: (1) If the period of limitation is specified on day counting basis, the number of days so specified shall be computed on the day counting basis. (2) In computing days pursuant to sub-section (1), the period of limitation shall be fixed by reckoning days from the following day of the day of commencement of limitation. (3) If the period of limitation is specified in months, the number of months as so specified shall be reckoned on the basis of the first day of months irrespective of the days making months. (4) If the period of limitation is specified in years, the number of years as so specified shall be reckoned treating a period of twelve months as one year. Chapter-6 Provisions Relating to Court Fees 63. Payment of court fees: (1) In lodging a plaint or memorandum of appeal to the court and making a counterclaim in the court, the court fees shall be charged. Civil procedure code