chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(6) If the direction or side of any house or land to be foreclosed in pursuance of the judgment is not set out, the court shall effect the foreclosure of such a house or land by lot upon making proportionate division in presence of the parties. (7) In effecting the foreclosure pursuant to this Section, the court shall effect it in presence of the party obliged to allow the foreclosure and the party entitled to the foreclosure or their representatives and in witness of a representative of the local body and at least two witnesses. (8) If the person obliged to allow the foreclosure or any other person causes obstruction or hindrance to the foreclosure, the court shall effect the foreclosure by using force as required. (9) Notwithstanding anything contained elsewhere in this Section, if the house or shop containing the property to be foreclosed is locked up and the person in possession or custody of the house or shop to be foreclosed is present, the foreclosure shall be effected by asking the person to open the house or shop; and if such a person is not present, a notice, in the format set forth in Schedule-27, shall be affixed to the door of that house or shop, thereby requiring that person to vacate the house or shop within fifteen days. (10) If the concerned person does not open the key of the house or shop within the time-limit referred to in sub-section (9), the court shall after the expiration of such a time-limit effect the foreclosure of the house or shop by breaking the lock of such a house or shop. (11) If any property is found within the house or shop in the course of effecting foreclose pursuant to this Section, the court shall at the same time prepare an inventory of the property and may take control of such property. (12) If the concerned person does not show up to receive the property taken in control pursuant to sub-section (11) within thirty five days, the court shall auction such a property and immediately hand over the proceeds of auction to the concerned person. (13) If the concerned person refuses to receive immediately the proceeds of auction made pursuant to sub-section (12), the court shall credit such proceeds into the deposit account. (14) If the concerned person shows up to receive the amount within one year after the crediting of the amount into the deposit account pursuant to sub-section (13), the court shall refund the amount remaining after deduction of ten percent therefrom to such a person. (15) If the concerned person does not show up to receive such an amount within the period referred to in sub-section (14), the court shall credit such an amount to the government fund. Civil procedure code
Civil procedure code

(16) Where foreclosure is effected once but any person makes hindrance and does not allow the foreclosure of the property, the court shall punish such a person with a fine of up to twenty five thousand rupees or with imprisonment for a term not exceeding three months for each instance, and again effect the foreclosure in relation to the property previously foreclosed in accordance with the judgment. No fee shall be payable for effecting foreclosure in such a case. (17) If the property to be foreclosed is situated in another territory, the court shall appoint the due date for the concerned parties for effecting foreclosure and send the case file and parties to the district court of such a territory. (18) If a request is made to effect the foreclosure pursuant to sub-section (17), the concerned court shall effect the foreclosure pursuant to law and give information thereof to that court. (19) After the foreclosure has been effected by the court pursuant to this Section, the court shall give a documentary evidence thereof to the party entitled to the foreclosure. (20) The court shall complete the effecting of foreclosure within six months after the presence of the parties in the court. 253. Procedures for effecting entry into and striking off of records and transmission: (1) If, in the course of making entry into and striking of records and transmission, in pursuance of a judgment, the party entitled to obtain the same is in attendance in the court pursuant to Section 249, the court shall write the matter to the office making entry into and striking off of records and transmission for the purpose of the execution of the judgment and send that party to that office within twenty one days. (2) If so written pursuant to sub-section (1) or the concerned party appears in the office, such an office shall effect the making of entry into and striking off of records and transmission in pursuance of the judgment. (3) If any party appears in the concerned office to obtain entry into and striking off of records and transmission after the expiration of the time-limit as referred to in sub-section (1), the office shall effect the making of entry into and striking off of records and transmission in pursuance of the judgment, by collecting the fees of five hundred rupees for each year. 254. Procedures relating to preemption: (1) If, in the course of making or allowing preemption in pursuance of a judgment, any party is on recognizance pursuant to Section 249, the court shall appoint the due date for such a party to make presence to obtain the preemption of the property subject to preemption or receive a deposited amount and send the party to the office where the amount is deposited. Civil procedure code
Civil procedure code

(2) If both parties to obtain and allow preemption make presence in the office pursuant to sub-section (1), the office shall hand over the deposited amount to the person obliged to allow preemption and deliver the deed of that property and receipt thereof to the person entitled to obtain preemption. (3) If only the person obliged to allow preemption makes presence in the office pursuant to sub-section (1), the office shall hand over the amount to him/her pursuant to sub-section (2) and deliver the documents including the receipt of payment of the amount to the person entitled to obtain preemption as and when that person makes presence subsequently. (4) If only the person entitled to obtain preemption makes presence in the office pursuant to sub-section (1), the office shall effect the preemption in pursuance of the judgment and deliver the documents including the payment of amount to him/her. (5) If preemption is effected by the office pursuant to this Section, the person obliged to allow preemption shall receive the deposited amount within thirty five days after that date. (6) If the person obliged to allow preemption shows up to receive the deposited amount within two years after the expiration of the time-limit as referred to in sub-section (5), the office shall return the amount remaining after deduction of three percent of the deposited amount therefrom to such a person. (7) If the person obliged to allow preemption does not show up to receive the deposited amount even within the time-limit as referred to in sub-section (6), the office shall credit such a deposited amount to the government fund, as a governmental revenue. 255. Procedures for setting aside partition: (1) If, in the course of setting aside the partition in pursuance of a judgment, the parties are on recognizance pursuant to Section 249, the court shall effect partition by setting aside partition shares within six months. (2) If a judgment is made to set aside partition to more than one coparcener and any coparcener is not present, the court shall serve a fifteen-day summons, in the form set forth in Schedule-28, on the coparcener failing to make presence. (3) If the concerned coparcener makes presence within the time-limit as referred to in sub-section (2), the court shall set aside partition shares and effect partition in presence of all coparceners. (4) If all coparceners entitled to receive partition do not make presence within the time-limit as referred to in sub-section (2), the court shall set aside partition shares of the coparceners failing to make presence and effect partition share of the coparceners who make presence. (5) If partition is effected pursuant to sub-section (4), the person failing to make presence within the time-limit shall not be entitled to file a suit on the matter of making partition or higher or lower grade or value of the partition share. (6) If partition is to be effected by sending a commission, the court shall effect partition by sending an employee. Civil procedure code
Civil procedure code

(7) In the course of setting aside partition shares pursuant to this Section, the coparceners who are obliged to give partition in pursuance of the judgment or the coparceners who take custody of the property set forth in the inventory, their representatives or other major persons living with them in an undivided family shall produce the property subject to partition and as set forth in the inventory. (8) If the person giving partition or taking custody of the property is not found or any major person living in the undivided family does not produce all properties as set forth in the inventory, the court shall serve a summons, in the form set forth in Schedule-29 on the person giving, and taking custody of, the partition share. (9) If the person giving partition or taking custody of the property fails to make presence within the time-limit as referred to in sub-section (8) or does not show the property subject to partition despite making presence, the court shall effect partition as per the inventory by opening any property, if any closed, in witness of a member or representative of the local body and at least two representatives. (10) If the parties fail to make presence within the time-limit as referred to in sub-section (2) or (8), the court shall set aside partition shares and commence the partition proceedings in pursuance of the judgment within three days after the expiration of the time-limit. (11) If any party makes presence in the court after the time limit given pursuant to sub-section (8) and the partition making is not complete by that time, the court shall effect partition also in presence of him/her. (12) If, in the course of making partition, all properties are not in order as set forth in the inventory, the amount of the shortfall property shall be ascertained and shall be reimbursed from the partition share of the partition giver or the person taking custody of the property. If the partition share is not recovered even from such a reimbursement, recovery shall be made from any other property owned and possessed by such a person to the person receiving partition, in consideration for such shortfall portion. (13) If, in the course of effecting partition, the person receiving partition or a major member living with him/her in an undivided family refuses to receive his/her partition share and any perishable property is subject to partition, the court shall auction such a property. If the concerned person shows up to receive the proceeds of such auction subsequently, the court shall return the amount remaining after deducting fifteen percent thereof to him/her. (14) If the persons receiving partition do not agree as to the property subject to partition, the court shall divide such a property on proportionate of higher or lower value or grade and effect partition by lot. Civil procedure code
Civil procedure code

(15) If any person does not show or produce the property in his/her custody as mentioned in the inventory, the court shall fine that person with a sum of five percent of the amount in question of the property not so shown or produced. (16) In a case where final judgment is passed holding the plaintiff entitled to partition, if the other defendant coparceners also make a petition to set aside and receive their respective partition shares, the court shall collect court fees chargeable by law and set aside such partition shares from the property as held by judgment and cause the same to be provided to them. (17) If the property subject to partition is situated also in another territory, the court shall write to the concerned court to effect partition of such property. (18) If so written pursuant to sub-section (17), the concerned court shall also effect partition pursuant to this Section and give information thereof to such a court. 256. Procedures for recovery of amount in question: (1) If, in the course of recovering amount in question in pursuance of a judgment, the party entitled to recovery of amount in question is on recognizance pursuant to Section 249, the court shall cause a deed to be executed by such a party as to whether that party is willing to have recovery of the amount in question or not. (2) If, in executing a deed pursuant to sub-section (1), the party entitled to recovery of the amount in question is not willing to have recovery of the amount in question, the court shall, on the same day, terminate the judgment execution proceeding and cross off the records of amount in question. (3) If, in executing a deed pursuant to sub-section (1), the party entitled to recovery of the amount in question desires to have recovery of the amount in question and the party obliged to pay the amount in question is on recognizance, the court shall give a time limit of a maximum of thirty five days to that party to pay the amount in question as required to be paid in pursuance of the judgment. (4) The party obliged to pay the amount in question shall furnish an amount equal to the amount in question with the court in cash or through a good for payment cheque or any other instrument within the time given pursuant to sub-section (3). (5) Notwithstanding anything contained in sub-section (4), the party entitled to recovery of amount in question may make a request to the court to have recover of the amount in question from any property of him/her. Civil procedure code
Civil procedure code

(6) If the party liable to recovery of amount in question is not present in the court or despite being present refuses to pay the amount in consideration of the amount in question or fails to show a property pursuant to sub-section (5), the party entitled to recovery of the amount in question may, showing the property of the party liable to pay the amount in question, make a petition to the court to have the recovery of the amount in question from such a property. (7) If, in recovering the amount in question pursuant to this Section, any property has to be attached, the court shall attach such a property as required and effect the recovery of the amount in question by also auctioning such a property as required. (8) If the proceeds of auction sale of the property made pursuant to sub-section (7) exceed the amount in question, the court shall immediately return such excess amount to the party liable to pay the amount in question if he/she is present. (9) If the concerned party refuses to receive the amount pursuant to sub-section (8), the court shall credit that amount into the deposit account. (10) If the concerned person does not show up to receive the amount credited into the deposited account within two years after the date of crediting thereinto, that amount shall be paid to the government fund, as a governmental revenue. (11) If the party liable to pay the amount in question is living or residing in another territory, the court shall write to the concerned court to effect recovery of the amount in question. (12) If so written pursuant to sub-section (11), the concerned court shall also effect recovery of the amount in question pursuant to this Section and give information thereof to such a court. (13) Notwithstanding anything contained elsewhere in this Section, if the party liable to recovery of amount in question discovers the concealment or hiding of any property by the party obliged to pay the amount in question and makes a petition showing the same while the party obliged to pay the amount in question is alive, the court shall auction the property and effect the recovery of amount up to the extent of the amount in question to which he/she is entitled. (14) The court shall, in consideration for effecting the recovery of amount in question pursuant to this Section, collect the fees of three percent of such amount in question from the party entitled to recovery of amount in question. 257. Property subject to confiscation: (1) In making confiscation of entire property pursuant to section 256, also the partition shares of those who are above twelve years of age and have not separated bread and board and have lived together and enjoyed such a property or of those who, despite having obtained their respective partition shares or separated bread and broad, have lived together while enjoying that property shall be subject to the confiscation of entire property. Civil procedure code
Civil procedure code

(2) In making confiscation of entire property pursuant to sub-section (1), the following property shall be set aside: (a) If any property is in the form of a personal property of a person other than the person subject to confiscation of entire property, such a property, (b) Up to three pairs of clothes and up to three pairs of shoes to be put on by the person subject to confiscation of entire property and his/her undivided family members, (c) Such bare cooking and dining utensils, pots and bare quilt and mattress as required for the person subject to confiscation of entire property and his/her undivided family members, (d) Such books as required for the undivided family of the person subject to confiscation of entire property to impart education, (e) Such food as required to maintain livelihood of the person subject to confiscation of entire property and his/her undivided family members for up to three months in maximum, (f) Bare inputs, tool or arms related with the occupation or employment of the person subject to confiscation of entire property and his/her undivided family members, (g) One yoke of oxen for farming. (3) Notwithstanding anything contained in sub-section (2), in setting aside the property pursuant to clauses (b), (c), (d), (e), (f), and (g) of that sub-section, no property valued at more than thirty thousand rupees shall be so set aside. (4) If the amount in question is not recovered in full even upon making confiscation of entire property pursuant to sub-section (2), no claim shall be made against other family members. 258. Imprisonment for amount in question or fine: (1) If the amount in question is not recovered in full even from the auction sale pursuant to sub-section (7) of Section 256 and the party entitled to recovery of amount in question wishes to subject the party liable to pay the amount in question to imprisonment and makes a petition for the same within seven days of the auction sale of property, the court shall execute a memorandum thereof and imprison the party liable to pay the amount in question in accordance with law. (2) In subjecting to imprisonment pursuant to sub-section (1), the court shall convert the remaining amount in question into imprisonment at the rate of three hundred rupees a day, and imprison the party liable to pay amount in question equal thereto. (3) In subjecting to imprisonment pursuant to sub-section (1), no person shall be so imprisoned for more than four years in the case of an amount in question of the Government of Nepal or a public body which is owned or controlled by the Government of Nepal in full or majority and for more than two years in the case of an amount in question of a particular person or other body. Civil procedure code
Civil procedure code

(4) If, in subjecting to imprisonment pursuant to sub-section (1), the amount in question is less than or remains less than three hundred rupees, the concerned person shall be subjected to imprisonment for one day for such an amount. (5) In subjecting to imprisonment pursuant to sub-section (1), the person wishing to effect such imprisonment shall bear the ration expenses as chargeable pursuant to law. (6) In subjecting to imprisonment for a fine, one shall be so imprisoned at the rate of one hundred rupees a day. (7) Prior to subjecting to imprisonment pursuant to this Section, the concerned person shall be given a reasonable time to present his/her statements. (8) Notwithstanding anything contained elsewhere in this Chapter, where a person in default of payment of the remaining amount in question is subjected by order of the court to imprisonment at the request of the party for the remaining amount in question not recovered, no claim may be made again on that matter. 259. In the event of death of person liable to pay amount in question: (1) If the person liable to pay the amount in question dies prior to the recovery of such amount in question, the amount in question shall be recovered from the property in which he/she has right. (2) If the amount in question is not recovered from the property in which he/she has right, the shortfall amount in question shall be recovered from the person who inherits his/her property. (3) Notwithstanding anything contained in sub-section (2), in recovering the amount in question from the inheritor, no amount in excess of that inherited by him/her shall be recovered. 260. Concession in fine: If a person who is sentenced to a fine pursuant to a judgment pays the fine immediately or within sixty days of the date of passage of judgment, the person shall enjoy twenty percent concession in the fine imposed on him/her. 261. Execution of deed of compromise: (1) If any deed of compromise is so executed that any act has to be done or caused to be done by any government body, the court shall write to the concerned office to do the act set forth in the deed of compromise, within three days of the execution of the deed of compromise. (2) Even though, in a case involving more than one plaintiff or defendant, all parties are not present for the execution of the deed of compromise, the deed of compromise shall be executed after the expiration of the time-limit. In so executing the deed of compromise, the interest of the person who does not show up for such compromise shall also be protected. 262. Period to get return of court fees, deposits and expenses: (1) Except as otherwise provided for in this Code, the concerned person shall get return of such court fees and deposits as held to be retuned pursuant to judgment within one year after the date of knowledge of the final judgment. Civil procedure code