chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(7) If in passing a judgment on an appeal or a case for review or revision, the appellant or applicant wins the case wholly or party, the appellant or applicant shall be entitled to recover from the respondent such court fees as held to be chargeable on the extent to which he/she has so won. 84. Recovery of court fees to be made with priority: In making recovery of, or collecting, an amount in question, fine, court fees and other fees or charges in pursuance of judgment, the court shall first recover or collect the court fees. Chapter-7 Provisions Relating to Plaint and Presentation of Claims 85. Claims to be made: (1) In order to have the matter of a claim made by a person in accordance with law enforced by the court, the person shall make such a claim to the court. (2) In making a claim pursuant to sub-section (1), there shall be filed a plaint by fulfilling the procedures and terms as referred to in this Chapter. 86. Plaint may be made on matter which a person has right in and is enforceable: (1) Except as otherwise mentioned in this Chapter, in filing a plaint pursuant to Section 85, the plaint shall be filed by a person making claims only on the matter which the person has right in and which can be enforced in accordance with law. (2) If a plaint is prayed for filing in a manner contrary to sub-section (1), the plaint cannot be filed, and even if such a plaint has been filed for any reason, it shall be voided, except in the case of a plain filed under Section 91. 87. One plaint may be filed: (1) A person may file only one plaint against another person on the matters despite that there are many matters of claims of civil nature against such other person. (2) If, instead of making a plaint in a case in which the same plaint can be made at the same time, a person files another plaint subsequently only after considering the consequences of the plaint so filed earlier, such a plaint shall not be entertained. 88. Number of plaintiff or defendant not to affect: In filing a complaint in relation to the claim of any one matter, any one person may file one plaint against many persons or many persons may file one plaint against one person. 89. Plaint to be filed only once: (1) After a person has filed a plaint against any person on a matter in a court, that person shall not file another plaint against the same person on the same matter in the same court or any other court. Civil procedure code
Civil procedure code

(2) If one party files a plaint on any one matter in a court and the other party files a plaint on that matter in another court or both parties file separate plaints in the same court, the court shall make an order to try the case in pursuance of the plaint filed earlier and void the other plaints. Provided that in cases where plaints may be and ought to be filed by both parties in accordance with law, nothing shall prevent the hearing of both plaints. 90. Plaint to be filed within limitation: (1) In making a plaint, the plaint shall be filed within the limitation specified by law for the submission of claims on the matters as claimed in the plaint. (2) In filing a plaint pursuant to sub-section (1), the plaint shall state by what law the limitation, within which it has been filed, has been specified. (3) Any plaint tendered for filing in contravention of sub section (1) or (2) shall be endorsed and returned. 91. Plaint may be filed by any person on dispute involving public interest or concern: (1) Notwithstanding anything contained elsewhere in this Code, any citizen of Nepal may, with the leave of the court, make a plaint on a dispute involving the right, interest or concern of the Government of Nepal or public interest or concern, as the case may be. (2) In order to obtain the leave pursuant to sub-section (1), a separate petition shall be filed along with the plaint. (3) Decision has to be made on the leave prayed for by a petition pursuant to sub-section (1) on the same day of the making of petition. 92. Plaint may be filed to establish right: If the right of any third party is also affected as a result of the judgment passed on a case in the form of dismissal, repeal or otherwise or of the execution of a deed of compromise in accordance with law, such a person may make a plaint to void that judgment or deed of compromise and establish his/her right, within thirty five days of the date of knowledge. 93. Plaint may be filed on behalf of legal person: (1) In making a plaint on behalf of a body corporate recognized as a legal person in accordance with law, the natural person authorized by the decision of director or directors of such a body for the purposes of making the plaint shall state that matter in, and make, the plaint. (2) In making a limitation pursuant to sub-section (1), the plaint shall also be accompanied by a copy of the decision of director or directors made in relation to the making of a plaint. (3) Notwithstanding anything contained in sub-section (1) or (2), in making a plaint on behalf of any office of the Government of Nepal, constitutional body or its office or court, the plaint may be made by the office-bearer who acts as the administrative chief of such an office. 94. Civil procedure code
Civil procedure code

Prohibition on lodging plaint on matter adjudged: (1) After a judgment is made once on any matter, the same party shall not lodge a plaint against the same person on the same matter, instead of making an appeal against such a judgment in accordance with law. (2) A plaint filed in contravention of this Section shall be void. (3) A judgment made in contravention of this Section shall be void. 95. Matters to be stated in plaint: (1) In making a plaint, the plaint shall be in the format set forth in Schedule-1 and state, _inter alia_, the following matters: (a) Subject matter of the dispute, (b) Defendant's name, surname and address, and telephone number, email, to the extent available, (c) Ground for _locus standi_ to file the plaint under the law, (d) Matters claimed, (e) Limitation, (f) Jurisdiction, (g) Whether plaint has been filed elsewhere on that matter or not, (h) Matter of how the summons/time-limit of plaint has to be delivered to the defendant, (i) Evidence, if any, in support of the claims by the plaint. (2) No plaint made in contravention of sub-section (1) shall be filed or entertained. 96. Claims of plaint ought to be clear: (1) In making a plaint, the plaintiff shall specifically set out in the plaint what and which claim is made in what and which matter (cause of action) and on the basis of what and which ground and evidence of such a claim is based and present his/her claim or demand before the court. (2) A plaint that does not clearly mention the claim and the proceeding that has to be taken by the court pursuant to sub-section (1) shall not be deemed to have met the requirement. 97. Plaint fees: In making a plaint, the plaint fees of two hundred rupees shall be charged. 98. Filing of plaint: (1) If a plaint is tendered for filing, the court shall examine whether the plaint meets the requirements pursuant to this Chapter or nor and the proof and evidence set forth therein are attached or not and file it in the diary book in the form set forth in Schedule-2 if the plaint meets the requirements and give the concerned party an evidence of the filing of plaint in the form set forth in Schedule-3. (2) In producing the copies of the plaint pursuant to sub section (1) for the purpose of its registration, there shall be produced two copies if the number of defendant is only one and one copy for each of the two or more defendants. Provided that despite the number of defendants living in an undivided family, only one copy may be produced for such defendants. (3) In producing more than one copy of the plaint, the plaintiff shall declare and sign that the copy corresponds to the original, and the court shall verify the copy with the original. Civil procedure code
Civil procedure code

(4) If, in making examination pursuant to sub-section (1), the plaint does not seem to meet the requirements, there shall be made an endorsement on the plaint setting out the reason for failing to meet the requirements. Chapter-8 Provisions Relating to Service of Summons 99. Plaint may be delivered to the defendant: (1) If, while filing a plaint, the plaintiff wishes to deliver the plaint, accompanied by the summons, to the person named as defendant in the plaint on his/her own or through his/her law practitioner, the plaintiff shall state that matter in the plaint; and if such a provision is made to deliver the plaint, accompanied by the summons, pursuant to sub-section (1), the plaintiff shall deliver a copy of the plaint, accompanied by the summons, to the person named as the defendant within three days excluding the time required for journey, after the date of filing of the plaint by the plaintiff. (2) Where the plaint, accompanied by the summons, is tendered for delivery to the defendant pursuant to sub-section (1) and the concerned person so wishes, that person shall receive the plaint, accompanied by the summons, and where it is so received, it shall be deemed to have been delivered duly. Provided that in the case of a legal person, if the plaint, accompanied by the summons, is so tendered for delivery, such a person shall receive it. (3) Notwithstanding anything contained in sub-section (2), if, in delivering the plaint, accompanied by the summons, to a legal person, it is delivered to the head office of such a person, it shall be deemed to have been duly delivered to the concerned person. Explanation: For the purposes of this Section, the expression "head office" means the registered office, if any, of a body corporate, and failing such an office, the main office carrying on the transaction of such a person. (4) If the plaint is received pursuant to sub-section (2), the receiver shall give a receipt in the form set forth in Schedule-4. (5) Where the plaint, accompanied by the summons, is delivered pursuant to sub-section (2), the plaintiff or the law practitioner appointed by him/her shall submit a receipt of the acknowledgment thereof to the court where the plaintiff has been filed, within seven days after the delivery of the plaint, accompanied by the summons. (6) The time-limit for the submission of a statement of defense shall be set from the date of receipt of the plaint, accompanied by the summons, pursuant to sub-section (5). 100. Issue of summons to defendant: (1) Except in cases where the plaintiff himself or herself has delivered the plaint to the defendant, the court filing the plaint shall, within three days after the date of filing of the plaint, issue a summons to the defendant to submit the statement of defense. (3) In serving the summons pursuant to sub-section (2), one copy of the plaint filed by the plaintiff in the court and the evidence attached therewith shall also be delivered. Civil procedure code
Civil procedure code

101. To give time-limit: (1) If a complaint is lodged, the court shall, setting out the matter, give a time-limit of twenty one days, excluding the time required for journey, to the person against whom the complaint has been lodged to appear in the court to defend in relation to such a complaint. (2) Notwithstanding anything contained in sub-section (1), in giving the time-limit to a person who is maintained as the defendant by the court pursuant to Section 123, there shall be given a time-limit of seven days, excluding the time required for journey. 102. Summons cause to be served: (1) In issuing the summons by the court pursuant to Section 101, the concerned officer shall prepare the summons or notice in triplicate and sign them, affix the seal of court thereunto and cause the same to be served. (2) In issuing the summons in the name of the defendant in any case in which a plaint is filed, provision shall be made to serve, or cause to be served, the summons, accompanied by one copy of the plaint to the person living in an undivided family and one copy of the plaint for each defendant in the case of the other defendants. (3) The summons/time-limit issued pursuant to Section 101 shall be served by delivering it to the defendant or other person, and taking a receipt of acknowledgment thereof. 103. Process server to serve summons: (1) The process server shall have to serve a summons generally within three days excluding the time required for journey, from the date on which he/she received the summons from the court. Explanation: For the purposes of this Chapter, the term "process server" means an employee who is responsible or deputed to serve the summons issued by the court, by delivering the same to the concerned person. 104. Form of summons: (1) In issuing a summons by the court in the name of a defendant in accordance with law, it shall be issued in the form set forth in Schedule-5. (2) In issuing a summons by the court in the name of a person other than a defendant, it shall be issued in the form set forth in Schedule-6. 105. Summons deemed to have been served: (1) If summons issued by the court is delivered to the concerned person at any time pursuant to this Chapter or delivered to his/her address or is brought to his/her knowledge in any other manner in accordance with this Code, the summons shall be deemed to have been served. (2) Notwithstanding anything contained in sub-section (1), if the person receiving the summons appears in the court and makes a petition to receive it in person, the summons shall be delivered to him/her in the court, and where the summons is so delivered, the summons shall be deemed to have been duly delivered. 106. Civil procedure code
Civil procedure code

Procedures relating to service of summons: (1) A court shall have to prepare a summons in triplicate and deliver the same to the process server. (2) If the summons server personally knows the concerned person, he/she may, mentioning that matter, deliver the summons received by him/her pursuant to sub-section (1) to the concerned person at any place. (3) If the concerned person is not found pursuant to sub section (2), the summons server shall go to the address of his/her residence, find out his/her house, rented house and identify the concerned person and deliver the summons to the concerned person in presence of the concerned ward chairperson or member or secretary or any other employee of the ward committee of the concerned local body and at least two local persons and obtain a receipt thereof, indicating the date of service. (4) Where the person to whom the summons has been issued cannot be found, the summons/time-limit shall be delivered to any other major person living with him/her in an undivided family in pursuance of the procedures referred to in sub-section (3). (5) Where the concerned person or any major person living with him/her in an undivided family is not found or, albeit found, refuses to receive the summons, the summons shall be served by affixing it to the house or homestead of that person, conspicuously, in presence of the persons as referred to in sub-section (3), and setting out that matter in the summons. (6) In pursuing the procedures referred to in sub-sections (2), (3), (4) and (5), there shall be mentioned on the reverse of the summons to be submitted to the court which procedure has been followed to serve the summons by delivering or posting, along with the date and time of the service of the summons, and the persons referred to in sub-section (3) shall be caused to clearly sign it at the time of delivery or posting. (7) The summons server shall sign the copy of the summons served pursuant to sub-section (6) and submit it to the court, along with a report thereof. (8) Where a summons has been served by affixing it to the house or homestead pursuant to sub-section (5), the summons server shall mention the date and time of service thereof on the third copy of such a summons and deliver it to the concerned local body and take a separate receipt thereof or the member or secretary or employee of the concerned local body shall mention that matter on the reverse of the service and sign and serve it. (9) Where a summons is delivered pursuant to sub-section (8), the concerned local body shall affix such a summons to its notice board. Civil procedure code
Civil procedure code

(10) Even though a copy of the summons affixed to the house or homestead pursuant to this Section has not been delivered to the concerned local body or the local body has not affixed the summons received by it to its notice-board, the summons shall be deemed to have been served in accordance with law if it has been duly affixed to the house or homestead of the concerned person pursuant to sub section (5). (11) Where a summons is to be served on any body corporate or legal person in relation to any case, the summons shall be served on the person acting as principal person for the time being at the registered office, head office or main office of transaction of such a body or person. Provided that if such a principal person is not available, the summons may be served by delivering it to any office-bearer or employee serving in such an office of such a body or person. Explanation: For the purposes of this Section, the term "person acting as principal person" means the chief executive office of a body corporate, and this expression means and includes the chairperson, vice-chairperson, managing director, executive director, general manager of such a body or the company secretary of a company. (12) Notwithstanding anything contained in sub-section (10), in serving a summons in the name of a government office, constitutional body or court, the summons shall be served by delivering it to the chief, administrative chief of such an office or any office-bearer entrusted with such responsibility or an office-bearer acting for him/her and by delivering the summons to such an office, body or court, setting out that matter, if any such office-bearer is not available. (13) In serving a summons in the name of a government office, constitutional body, court, body corporate or such an office bearer or employee in that capacity, the summons shall be served by delivering it to such an office, body, court or such an office-bearer, employee or office of such a body corporate. (14) If a summons cannot be served pursuant to sub-sections (10), (11), (12) and (13), the concerned summons server shall give a report to the concerned court within three days. (15) If a report is submitted pursuant to sub-section (14), the concerned court shall make an order to serve the summons through postal service on such an office, body, court or body corporate or its office-bearer or employee in that capacity. (16) If an order is made pursuant to sub-section (15), the concerned court may serve the summons in the name of the office, body, court or body corporate or its office-bearer or employee in that capacity by sending a registered letter containing that matter. (17) After a return receipt of the summons sent by post pursuant to sub-section (16) is submitted to the court, the summons shall, except as otherwise proved, be deemed to have been duly served. Civil procedure code
Civil procedure code

(18) Where records of houses or block numbers of the persons residing within the area of any local body have been maintained systematically or where such persons have consented to the service of a summons by the court by post in relation to their transaction, business or any other matter, the court may so serve the summons, notwithstanding anything contained elsewhere in this Section. (19) If a person is an office-bearer or employee of any government office, constitutional body, court or body corporate and a summons issued in the name of that person cannot be served pursuant to sub-sections (2), (3), (4) and (5), the concerned court may, based on the report of the concerned summons server, make an order to serve the summons on such a person in accordance with sub-section (13) or (15). (20) If an order is made pursuant to sub-section (19), the summons shall be served on the name of the concerned person in accordance with that order. (21) Notwithstanding anything contained elsewhere in this Section, if the party and opposite party of a case have provided for their respective address of exchanging electronic notice such as email and fax to give notice to each other in relation to any document, the concerned matter or transaction or send a summons in relation to a dispute, the summons may be served through an electronic notice to such address. (22) If the summons server submits to the concerned court a report that a summons could not be served in the name of the concerned person despite following the procedures set forth in various sub-sections of this Section and the court considers that the contents of the report are reasonable, the court may make an order to serve the summons in the name of such a person by publishing it in a daily newspaper of national circulation. (23) If an order is made pursuant to sub-section (22), the summons shall be served in accordance with that order. (24) The concerned person shall bear the expenses incurred in the service of the summons by publishing it in a daily newspaper of national circulation pursuant to sub-section (22). 107. Civil procedure code
Civil procedure code

Summons may be served in the court itself: (1) Notwithstanding anything contained in Section 104 or 105, a summons issued by any court in the name of the following person, by delivering it to such a person in the court in the following circumstance: (a) If the employee or office-bearer of the concerned court is in attendance, while he/she is in the court, (b) If a party is on recognizance in any other case in the concerned court, when such a party appears in the court, (c) If there is an attorney representing any party of a case that is _sub judice_ in the concerned court, when the attorney appears in the court in the course of such representation, (d) If the person is a law practitioner who appears in the concerned court in the course of law practice, when he/she appears in the curt in the course of such practice, (e) If the person is one who appears as a witness, when he/she appears in the court in that capacity. (2) If a summons issued by the court in the name of the person as referred to in sub-section (1) is tendered for delivery to that person when he/she appears in the concerned court, the person shall receive the summons. (3) If the person refuses to receive such a summons tendered for delivery pursuant to sub-section (2), the summons server shall give a report thereof to the concerned court immediately. (4) If a report is given pursuant to sub-section (3) and the contents seem to be reasonable, the court shall make an order to prevent that person from making representation in the capacity of attorney, taking due date, doing law practice or making deposition in the capacity of witness in that court until the person receives the summons issued by the court in his/her name. 108. To witness service of summons: (1) The concerned ward chairperson or member or secretary of the ward committee of the local body or any other government employee and local person in the place where a summons has to be served shall, while serving the summons pursuant to this Chapter, assist the summons server in the service of such a summons, by witnessing the service thereof. (2) Notwithstanding anything contained in sub-section (1), a summons which has been duly served in fulfillment of the other procedures shall not be invalid by the reason only that the concerned member, secretary of the concerned local body or other employee has not witnessed and cooperated in the service of summons or has refused to cooperate in such service. 109. Person failing to assist being liable to punishment: (1) In serving a summons sent by the court for service, the concerned member, secretary of the concerned local body or other government employee or local person, as well, shall render all such assistance as required to serve the summons, by searching, showing and identifying the house of the concerned person, and witness and sign the service as required. Civil procedure code