chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(2) The concerned court may, based on the court of the summons server, punish one who fails to render assistance pursuant to sub-section (1) with a fine of up to one hundred rupees. 110. Examination of summons served: Immediately when a report on the service of summons is submitted by the concerned summons server after serving it pursuant to Section 105, the concerned office employee of the court shall examine whether the summons so served has been duly served or not and certify it if it appears to have met the requirements and mention the date of its submission to the court and record it in the case-file. 111. Requirement to make re-service: (1) If, upon making examination pursuant to Section 109, it appears that the summons served has been served without in fulfillment of the requirements of law or if, in examining it upon a complaint made by any person, it appears that the summons has been served unduly or has not been served at all, the court shall order the concerned process server or other summons server to serve it again in fulfillment of the requirements. (2) If an order is made pursuant to sub-section (1), such a process server shall serve the summons again pursuant to Section 106. 112. Process server liable to punishment: If the process server fails to deliver the third copy of the summons affixed to the house or homestead of the concerned person when that person is not found to the concerned local body, such a process server shall be liable to a fine of up to one thousand rupees for each instance, and the concerned court may also make an order also to take a departmental action against such a process server employee. 113. Service of summons may be made by delivering it to attorney or law practitioner: (1) Notwithstanding anything contained in Section 106, where a person has appointed an attorney to receive a summons to be served on that person in accordance with law or appointed a law practitioner for that purpose, such a summons may be served on that attorney or law practitioner. (2) The summons served on the attorney or law practitioner of a party pursuant to sub-section (1) shall be valid as if it were served on the concerned party himself or herself in consonance with law. (3) In delivering a plaint accompanied by a summons to a law practitioner pursuant to Section 99 or serving a summons/time limit on an attorney or law practitioner in accordance with clauses (c) or (d) of sub-section (1) of Section 107 and with this Section, a receipt shall be taken from such an attorney or law practitioner in the form set forth in Schedule-7. 114. Civil procedure code
Civil procedure code

Service of summons in the name of person whose house, address is not identified: (1) Notwithstanding anything contained in Section 106, in issuing a summons in the name of a person whose house, address is not identified, the summons may be served by posting it at the place where the village, city and street of such a person is set down and on the notice-board of the court, setting out the matter if even such village, city and street is not identified and publishing it in a newspaper to be published in the territory over which the court has jurisdiction. (2) If a summons/time-limit is published in a newspaper pursuant to sub-section (1), such a summons/time-limit shall be deemed to have been served duly. 115. Service of summons on person outside territory: (1) In serving a summons in the name of a person who is living or residing outside the territorial jurisdiction of a case in which case has been filed, a required number of copies of the summons, accompanied by the order of such a court, shall be sent to the court having territorial jurisdiction over the territory where that person is living or residing, and the court in that territory shall also effect the service of summons in fulfillment of the requirements as set forth in Section 106. (2) The court so serving the summons shall send the summons served pursuant to sub-section (1) to the concerned court. 116. One who serves, or causes to be served, unduly or causes obstruction being liable to punishment: Based on a report of the concerned summons server or a complaint by a person, the court shall institute action against the person who does the following act and may impose the punishment of a fine of up to ten thousand rupees or imprisonment for a term not exceeding one month or both on such a person: (a) Failing to cause the service of a summons issued by the court without a reasonable reason, (b) Serving or causing to be served a summons upon setting down false matters or making false contents, (c) Making objection or obstruction to the service of a summons, (d) Tearing out or peeling off the affixed summons, (e) Failing to render assistance by the office-bearer with duty to assist in or witness the service of a summons. 117. Summons unduly served being liable to be void: (1) A party of a case may, at any time prior to the adjudication of the case, make a petition to the court claiming that the summons required to have been served in fulfillment of the procedures as referred to in this Chapter has not been served in fulfillment of such procedures or has not been served at all. Civil procedure code
Civil procedure code

(2) If the court holds the contents of the petition as referred to in sub-section (1) to be reasonable, the court may make an order to void the summons served unduly and re-serve the summons or order the concerned party to receive the summons from the court. (3) Notwithstanding anything contained in sub-section (1) or (2), if, in examining a summons served pursuant to this Chapter, it appears that the summons has been served without fulfilling the requirements, the court shall void such a summons and cause the summons to be served again in fulfillment of the requirements. 118. Appeal equivalent to statement of defense may be made: (1) A person who is named as a defendant in the plaint may make an appeal equivalent to the statement of defense to the concerned court hearing appeal, within thirty five days of the date of knowledge but not later than six months of the date of ex parte decision by the lower court, setting out the matter that such a decision has been made by the lower court against him/her for the reason that he/she was not able to make defense or to submit a statement of defense in the case as a result of the service of the summons unduly and without fulfilling the procedures set forth in this Chapter. (2) If an appeal equivalent to the statement of defense is made pursuant to sub-section (1), the court hearing appeal shall, prior to hearing the memorandum of appeal, shall decide whether or not the summons was served duly on the person named as the defendant in the plaint or on the person maintained as the defendant by the court pursuant to Section 123. (3) If, on making hearing pursuant to sub-section (2), the court hearing appeal holds that the summons was not served duly on the defendant of the case or the maintained as the defendant by the court pursuant to Section 123, the court hearing appeal shall void the ex parte decision by the lower court, order the lower court to again hear and settle the case in accordance with law by maintaining the memorandum of appeal as the statement of defense, and remand the case file to that court. (4) If the case-file, accompanied by its order, is received from the court hearing appeal pursuant to sub-section (3), the concerned district court shall issue and serve a summons giving seven days time-limit, excluding the time required for journey, on the plaintiff within three days of the receipt of such a case-file. (5) If the summons referred to in sub-section (4) is served, the case shall be heard and adjudicated in accordance with law once the plaintiff appears within the time-limit or the time-limit expires. Chapter-9 Provisions Relating to Statement of Defense and Counterclaim 119. Civil procedure code
Civil procedure code

Statement of defense to be submitted: (1) The defendant shall have to submit a statement of defense to the concerned court within twenty one days after the date of delivery of the plaint to the defendant or the date of service of the summons to submit the statement of defense pursuant to Chapter 8. (2) Except as otherwise mentioned elsewhere in this Code, a statement of defense tendered for submission after the period as referred to in sub-section (1) shall not be filed, and the court shall not recognize such a statement of defense despite the fact that it has been filed. 120. Matters to be set out in statement of defense: In submitting a statement of defense, the statement of defense shall be submitted in the form set forth in Schedule-8, setting out, _inter alia,_ the following matters: (a) The date of service of summons issued for the submission of the statement of defense, (b) The matter to admit or reject the claims of plaint, (c) If the claim of the plaint is denied, reason and ground thereof, (d) The matter of counterclaim, if any, against the plaintiff, (e) Matters concerning claim, if so designed, against locus standi, limitation and jurisdiction of the court, (f) The evidence and pointes of reasons and grounds for substantiating or refuting the claims and pleas set forth in the statement of defense, (g) The matter whether order or decision has to be made by the court in accordance with the plaintiff's demand. 121. Submission of counterclaim: (1) In submitting the statement of defense, the defendant may admit or rebut the plaintiff's claims. (2) If the plaintiff's claims are refuted or denied pursuant to sub-section (1), the reasons and grounds for such rebuttal or denial shall be set down. (3) If the defendant wishes to make any claim against the plaintiff in the statement of defense as referred to in sub-section (1), he/she may make such a claim; and if he/she makes such a claim, the/she shall be deemed to have made a counterclaim. (4) The counterclaim as referred to in sub-section (3) shall be set down in the statement of defense and be limited to the matters of claims by the plaintiff. (5) If a counterclaim is made pursuant to sub-section (3), the defendant shall, in submitting the statement of defense, produce two copies of the statement of defense if the plaintiff is only one and one copy thereof for each other plaintiff if there are two or more plaintiffs. Provided that it shall suffice to produce only one copy for the plaintiffs living in an undivided family despite the number of such plaintiffs. (6) If a counterclaim is made pursuant to sub-section (3), the court fees as referred to in Chapter-6 shall be paid for the same. Civil procedure code
Civil procedure code

(7) Out of the two copies of the statement of defense submitted pursuant to sub-section (5), the court shall deliver one copy to the plaintiff making presence on the due date appointed by the court immediately after the submission of the statement of defense. (8) Within fifteen days of the submission of the statement of defense pursuant to sub-section (7), the plaintiff shall submit a defense in writing stating whether he/she admits or rebuts the counterclaim to the concerned court. (9) Notwithstanding anything contained elsewhere in this Section, where the defendant makes a deposition equivalent to the statement of defense in writing before the court and makes a counterclaim, a copy of the written record of such a deposition shall be provided to the plaintiff pursuant to sub-section (6). (10) Where a counterclaim is made pursuant to sub-section (9), the court shall order such a party to pay the court fees as referred to in Chapter-6 within three days, and in the event of payment of the court fees in pursuant of such an order, his/her counterclaim shall be entertained. 122. Filing of statement of defense: (1) The statement of defense tendered for filing by a person who is named as a defendant in a plaint shall be examined and be filed if it is found to be within the time-limit and meet the requirements, and a receipt thereof shall be given to the concerned party in the form as referred to in Schedule-3 and that party shall be held on recognizance. (2) If, in examining the statement of defense pursuant to sub section (1), it appears that it has been tendered after the expiration of the time-limit or it does not meet the requirements, there shall be made an endorsement on the statement of defense, for the reasons to be recorded on the statement of defense. 123. Making defendant by the court: (1) If, notwithstanding any a plaint has not been filed against any person, it appears that the right, interest, claim or concern of that person is affected by trying, hearing or settling of any case or it appears the involvement of other person as well on the matter of claims by the plaint from the contents of the plaint or the statement of defense or it is necessary to enquire any person into any matter for any other reasonable reason, the court may, for the reasons to be recorded, order to examine such a person. (2) In examining any person pursuant to sub-section (1), a summons of seven days shall be served on that person, and if that person receives the summons and makes presence, the court shall take his/her deposition setting out evidence. (3) If a person examined pursuant to sub-section (3) wishes to make a deposition setting out evidence, his/her deposition shall be recorded and if that person requests for the submission of written response, an order shall be made to submit the written response within a reasonable period. Civil procedure code
Civil procedure code

(4) If it appears from the deposition or written response as referred to in sub-section (3) that such a person has also a concern or involvement in the matter of the plaintiff' claims or judgment by the court would also affect his/her right, interest, claim or concern, the person shall be held on recognizance as if he/she were a defendant. (5) If it appears from the written response or deposition submitted or made pursuant to sub-section (3) that such a person is merely like evidence, it is not required to hold him/her on recognizance. 124. Petition for standing as defendant: (1) If any other person so wishes, that person may make a petition to the court to stand him/her as a defendant in a case that is _sub judice_ in the court, showing that he/she has a right, interest, claim or concern in the case and his/her right, interest, claim or concern will also be affected from a judgment on that case, within sixty days after the date of submission of the statement of defense by the persons named as defendants in that case or after the expiration of the time-limit for the submission of the statement of defense. (2) If a petition as referred to in sub-section (1) is received and the contents of petition seem to be reasonable, the court shall by its order maintain that person as a defendant and give information thereof to the plaintiff and the defendant of the case. Provided that the defendant so maintained shall not be entitled to make a counterclaim against the plaintiff. 125. Fees for statement of defense: In submitting a statement of defense, there shall be charged the fees of two hundred and fifty rupees. Chapter-10 Provisions Relating to Endorsement 126. Document to be examined: The concerned officer shall, immediately when a plaint or statement of defense tendered for filing in the court, or a petition or memorandum of appeal to be filed in the course of proceedings of a case is tendered for filing, study such a document and examine whether it is in the form set forth in law, is within the limitation, falls under the jurisdiction of the court, sets out such matters as required to be set out, it contains any error, incompletion in writing, presentation or mentioning or any difference between letters and figures and whether it does not meet the requirements under the law for any reason. 127. Civil procedure code
Civil procedure code

To provide opportunity to correct document failing to meet requirements: (1) If, in making examination pursuant to Section 126, such a document seems to consist of errors such as failing to be in the form set forth in law, failing to set out the matters required to be set out or containing any error, incompletion in writing, presentation or mentioning or any difference between letters and figures and such a document can be registered if such errors are corrected and then the document tendered for filing, the concerned officer of the court shall make endorsement on the document setting out the matters to be corrected or made in conformity with the requirements and date the endorsement, and affix the seal of court thereunto and return it to the concerned person, by taking a receipt thereof. (2) If an endorsement is made pursuant to sub-section (1),, the court shall order the filing of such a document if it is tendered for filing upon making it meet the requirements within the remaining limitation or time-limit, if the limitation or time-limit is remaining for more than three days, or within three days after the date of endorsement, if the limitation or time-limit is remaining for less than three days. (3) If an order as referred to in sub-section (2) is made, such a document shall be filed. 128. Endorsement to be made: If, in making examination pursuant to Section 126, it seems that such a document cannot be filed because of reasons such as being not within the limitation or time-limit, not falling within the jurisdiction of the concerned court, not being required or allowed to be tried by the court or being contrary to law, the concerned officer of the court shall, setting down the grounds and reasons for making such an endorsement in that document, endorse and date it, affix the seal of court thereunto and return it to the concerned person, by taking a receipt thereof. 129. Records to be maintained in court: One copy of the document returned pursuant to Section 127 or endorsed pursuant to Section 128 shall be recorded in the court. 130. Petition against order of endorsement: (1) A party who is not satisfied with the matter of endorsement made by the concerned officer of any court pursuant to Section 128 may make a petition to the judge of such a court and to the court hearing appeal if such an endorsement is made by the judge himself or herself, praying for an order to file the document submitted by that party. (2) If a petition is made to the judge pursuant to sub-section (1), the judge shall make an order whether the matter of endorsement is in conformity with law or not within fifteen days after the date of making petition. Civil procedure code
Civil procedure code

(3) Prior to making an order pursuant to sub-section (2), the judge may, without examination or not, conduct hearings on the matter of whether the endorsement is in conformity with law or not, and if, upon conducting hearings, the endorsement does not appear to be in conformity with law, the judge shall make an order to file the document. (4) If an order is made pursuant to sub-section (3), the endorsement making officer shall, upon receipt of such an order, file such a document. (5) If, upon conducting hearings pursuant to sub-section (3), the endorsement appears to be in conformity with law, the judge may, for reasons to be recorded, dismiss the petition. Chapter-12 Provisions Relating to Due Date for Appearance 135. Party or opponent required to appear on due date: (1) Except in cases where appearance on the appointed due date is not required or where a party is not required by a court order to appear on the appointed due date, a case shall be heard, tried and settled by requiring each party of the case to appear on the appointed due date. (2) After the examination by the court of evidence of both plaintiff and defendant, any party if he/she so wishes may not appear on the appointed due date with the leave of the court. 136. Appointment of the same due date for appearance: (1) The court shall appoint the same due date for both plaintiff and defendant pursuant to sub-section (1) of Section 135 if they are on recognizance. (2) In appointing the due date pursuant to sub-section (1) after the filing of the plaint, the date shall be so appointed for the plaintiff by calculating the period in which a statement of defense is submitted or likely to be submitted, by estimating the time-limit for the submission of the statement of defense. (3) If the due date appointed pursuant to sub-section (1) does not correspond to the period in which the defendant has submitted the statement of defense, the due dates subsequent to the submission of the statement of defense shall be so appointed that such dates are the same for both plaintiff and defendant. 137. Appointment of due date by assigning purpose: (1) In appointing the due date pursuant to this Chapter, the court shall appoint the due date for appearance by setting down in the book of due date and the sheet of due date the reason and purpose for which the date has been appointed and the proceeding to be carried out on each date. (2) The proceeding specified shall be carried on the due date appointed pursuant to sub-section (1). (3) Notwithstanding anything contained in sub-section (2), if the specified proceeding cannot be conducted for any reasonable ground on the appointed due date or the time does not allow to complete the proceeding on such date, the court shall set down the same matter in the receipt of due date for appearance, and appoint another due date for appearance. Civil procedure code
Civil procedure code

(3) The book of due date and the sheet of due date for appearance shall be maintained in the forms set forth in Schedule-7 and Schedule-8, respectively. 138. Not to overlap due date for appearance: (1) If a case has been filed by or against a party of a case, other than a case in which an attorney has been appointed in accordance with law, in another court that is outside fifteen kilometers (around four _Kosh_ ) of the case in which the case has been filed and the party gives information thereof to the court in which the case has been filed by making a petition thereto, such court shall, while appointing the due date for appearance, so appoint such due date as not to overlap with the due date appointed by that other court in the case being tried by it. (2) If a party who is on recognizance in more than one case in which the same party is plaintiff or defendant in the same court makes a petition, setting out the matter, to the court for the appointment of the same due date, the court shall, as far as practicable, appoint the same due date for all cases. (3) If the due date is appointed pursuant to sub-section (1) and the party of the case appears before any one section on the appointed due date, the party shall be deemed to have appeared on the due date for the other cases in the same section. (4) If any party to a case appears on the due date appointed pursuant to this Section, he/she shall be caused to sign the receipt of the due date and his/her appearance shall then be recorded. (5) If a party does no appear pursuant to sub-section (4), the concerned party shall be deemed to have expired the due date, and the concerned authority shall certify that matter. (6) The receipt of due date as referred to in sub-section (4) shall be attached with the concerned case-file. (7) The receipt of due date as referred to in sub-section (4) shall be maintained in the format set forth in Schedule-11. 139. Due date for appearance deemed to have been appointed on the following day: If the court remains closed owing to public holiday falling on the due date appointed by the court, the due date for appearance shall be deemed to have been appointed on the following day of the end of the public holiday. 140. Requirement to give information in event of person required to appear on due date appointed for appearance being held in detention: (1) Where a person required to appear before any court on the due date appointed for appearance in the course of any case has been held in detention for any reason, the concerned party shall give information of that matter indicating in which case he/she has been held in detention to the court in which he/she has to appear in relation to the case. Civil procedure code