chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(2) If information of being held in detention is received pursuant to sub-section (1), the concerned court shall seek from the concerned body information as to why he/she has been held in detention and how long he/she has to be held in detention. (3) If information is sought pursuant to sub-section (2), the concerned body shall give the court information about the reason for holding the person in detention and possible days for which he/she has to be held in detention, and information to the effect that he/she cannot be released from detention if so. (4) If, upon the information received pursuant to sub-section (3), the person held in detention is to be released within one month, and that person appears before the court within seven days from the date of release from detention, excluding the time required for journey, the case shall be tried by appointing the due date for appearance in accordance with law, as if that day were the date of appearance. (5) If, upon the information received from the concerned body pursuant to sub-section (3), the person required to appear on the due date appointed for appearance remains in detention for a term exceeding one month or the day of his/her release from detention is not certain or there exists a circumstance that he/she cannot be released from detention, it is not necessary to stay the proceeding, hearing, trial and settlement of the case. (6) If a person held in detention appoints and send an attorney to act on his/her behalf during such period, the attorney so appointed may do and take action on his/her behalf. (7) Notwithstanding anything contained in sub-section (5), if a case cannot be settled without subpoenaing and examining any party of the case, the case may be heard, tried and settled by subpoenaing and examining that party in accordance with law. (8) Notwithstanding anything contained elsewhere in this Section, if a party of a case who being on recognizance has been held in detention in the course of the proceeding of the case is released from detention and appears within seven days, excluding the time required for journey, after the date of release, the case shall be tried by holding him/her on recognizance. 141. Not to expire appointed due date : (1) Except as otherwise provided for in law, where any party to a case is on recognizance in accordance with this Chapter, such a party or his/her attorney shall not fail to appear on the due date appointed by the court for appearance and thereby to expire the appointed due date, by failing to. Civil procedure code
Civil procedure code

(2) If any party to a case fails to appear on the due date for appearance appointed pursuant to sub-section (1) and expires the same, the following provisions shall apply to the following matters, after the expiration of the period of the due date for appearance allowed to be extended pursuant to this Chapter: (a) If the plaintiff expires the due date for appearance after the filing of the plaint but prior to the submission of the statement of defense, the plaint claim shall be dismissed. (b) If the plaintiff expires the due date for appearance after the submission of the statement of defense and it appears or is held that the defendant has admitted the plaintiff's claims in whole or in part, the court shall pass a judgment accordingly to such an extent of admission and dismiss the remaining claims. (c) If the defendant does not submit the statement of defense or expires the due date for appearance after the submission of the statement of defense, the court shall examine all proofs and evidence produced by the plaintiff, appreciate the proofs and evidence of the plaintiff and the defendant and adjudge the case accordingly. (d) If, subsequent to the filing of the plaint or submission of the statement of defense, both plaintiff and defendant expire the due date for appearance, the case shall be dismissed. (3) If a case is dismissed pursuant to clauses (a), (b), (c) or (d) of sub-section (2), no other plaint claim by the same plaintiff against the same defendant on the same matter shall lie. 142. Extension of expired time-limit or due date for appearance: Notwithstanding anything contained in this Section 141, if a party fails to appear before the court on the time-limit or due date for appearance appointed in any case and expires such a time-limit or due date owing to a force majeure event, such a party shall be entitled to the extension of the time-limit or due date for appearance for a period not exceeding twenty one days for two times in maximum. 142. Provisions relating to fixation of instance: (1) In fixing the instance where the due date for appearance once appointed and received subsequent to the filing of a case is expired by a party to the case, the instance shall be fixed by computing only the expired due date for appearance but not computing the extended time-limit. (2) In computing days for the extension of the due date for appearance expired by the party of a case, provision shall be made to have extension by reckoning the days up to the day allowed to be extended with effect from the following day of the day of expiration of the time-limit or due date for appearance, as the case may be. Civil procedure code
Civil procedure code

(3) Notwithstanding anything contained elsewhere in this Section, if a case is remanded by a higher court to a lower court to re adjudge it or a case suspended is revived, the instance of the time limit or due date for appearance extended previously shall not be counted. 144. Extension of expired time-limit or due date for appearance: Notwithstanding anything contained elsewhere in this Chapter, if any party to a case makes a petition to the court where the case has been filed for the extension of the time-limit or due date for appearance which has been expired owing to the existence of the following circumstance, and the court holds the petition to be reasonable, the court shall order the extension of the expired time-limit or due date, as the case may be: (a) If a person required to appear before the court at the time-limit or due date for appearance expires the time limit or due date for appearance for the reason that the person himself or herself had to observe obsequies and appears before the court within seven days, excluding the time required for journey, after the date of completion of obsequies, and makes a petition for the extension of the time-limit or due date for appearance, the court shall extend the expired time-limit or due date for appearance for that period. (b) If a woman required to appear before the court at the due date for appearance expires the time-limit or due date for appearance for the reason that she has delivered a child and appears before the court within thirty days, excluding the time required for journey, after the day of delivery, and makes a petition for the extension of the time-limit or due date, the court shall extend the expired time-limit or due date for appearance for that period. (c) If a person required to appear before the court at the time-limit or due date for appearance expires the time limit or due date for appearance for the reason that movement has been difficult because the route has remained closed or motor vehicles have not plied because of a natural calamities such as earthquake, flood, landslide and snow-fall or for other natural calamity and appears before the court within ten days, excluding the time required for journey, after the date of resumption of such a route, and makes a petition, accompanied by an evidence issued by the concerned local body or other competent body, indicating the date of closure of the route and the date of resumption of the route, as for the extension of the time-limit or due date for appearance, the court shall extend the expired time-limit or due date for appearance for that period. Civil procedure code
Civil procedure code

(d) If a person required to appear before the court at the time-limit or due date for appearance expires the time limit or due date for appearance for the reason that the person has been abducted or taken hostage by another person and appears before the court within seven days, excluding the time required for journey, after the date of release from abduction or hostage, and makes a petition for the extension of the time-limit or due date for appearance, the court shall extend the expired time-limit or due date for appearance for that period. 145. Computation of time required for journey: (1) In computing the time required for journey, it shall be computed according to the actual days required to make journey by bus or rail in the case of a place where regular transport service is in operation and at the rate of one day for every fifteen kilometers (around four _Kosh_ ) in the case of a place where such bus or rail service is not in operation. (2) In computing the time required for journey pursuant to sub-section (1), the time-limit of one day shall be given for a distance of less than fifteen kilometers (around four _Kosh_ ). Provided that no time required for journey shall be given for a distance of less than fifteen kilometers (around four _Kosh_ ) in total. 146. Not to settle case until the period allowed to be extended: Even though a party to a case fails to appears at the time-limit or due date for appearance appointed by the court and expires such time-limit or due date, the court shall not try and settle the case pending the completion of the period allowed to be extended pursuant to Section 142 or 144. 147. Government of Nepal not required to remain on recognizance: (1) Notwithstanding anything contained elsewhere in this Chapter, the Government of Nepal shall not be required to remain on recognizance in a case in which the Government of Nepal, constitutional body or court is a plaintiff or defendant in accordance with law. Provided that the government attorney shall appear on the day of examination of evidence, hearing of the case or on the day ordered by the court for the attorney to make appearance to represent such an agency. 148. Power to try and settle cases at appeal level without holding parties on recognizance: Except as otherwise ordered by the court, cases at the appeal level may be tried and settled without holding parties on recognizance. Chapter-13 Provisions Relating to Attorney 149. Appointment of attorney: (1) Any party of a case may appoint a representative to carry out any acts that pertain to the case in the court on his/her behalf. (2) Where a representative is appointed pursuant to sub section (1), an attorney shall be deemed to have been appointed. (3) In appointing an attorney pursuant to sub-section (2), there shall be executed a deed pursuant to Section 151. Civil procedure code
Civil procedure code

(4) A party to a case may revoke at any time the attorney appointed under this Section by filing a petition before the court or may appoint another attorney by executing another deed. 150. Qualification of person to be appointed as attorney: A person who possesses the following qualification may be eligible to appointed as an attorney: (a) A person who is competent to enter into a contract in accordance with law, (b) A person who is not in default of payment of a government amount in question according to judgment and any such fees, court fees as required to be paid to the court for the execution of judgment or any fine or punishment imposed by the court, (c) Any person who has not been sentenced to any offence of forgery, fraud, corruption or offence involving moral turpitude. Provided that nothing contained in this clause shall prevent any party to a case from appointing any person living in an undivided family as his/her attorney. 151. Matters to be set out in power of attorney: (1) A power of attorney set down for appointing an attorney pursuant to this Chapter shall set out the following matters: (a) Short description of the reason for the appoint of attorney, (b) The full names, addresses, and ages of the persons who appoint an attorney and who are to be appointed as an attorney, and their citizenship number or other description identifying them, (c) The acts authorized to be done by the attorney, (d) The matter that one who appoints and one who is to be appointed under the power of attorney are not in default of payment of a government amount in question according to judgment and any such fees, court fees as required to be paid to the court for the execution of judgment or any fine or punishment imposed by the court, (e) The venue and date of the execution of the power of attorney. (2) The power of attorney shall be executed in the form set forth in Schedule-9. (3) The power of attorney as referred to in sub-section (2) shall be signed by the party appointing the attorney and also mention the identification of at least two witnesses and the conveyancer of the power of attorney. 152. Person may become attorney in more than one case: A person may be appointed as an attorney simultaneously in more than once case or by more than one person in the same case. Provided that a person who is an attorney of a party to a case shall not also become an attorney of the opposite party to the same case simultaneously. 153. Party may be attorney: In cases where the same party of a case involves two or more than two persons as plaintiffs or defendants, any one of them may be appointed as an attorney in the same case on behalf of others. 154. Civil procedure code
Civil procedure code

Attorney may be appointed in more than one court: A person who has been appointed as an attorney in a case _sub judice_ in a court may be appointed as an attorney in another case _sub judice_ in another court. 155. Powers of attorney: The powers of an attorney shall be as set forth in the power of attorney executed at the time of appointment of the attorney. 156. Power of attorney to meet requirements: (1) Prior to registering a power of attorney, the court shall examine whether such power of attorney meets the requirements in accordance with this Chapter and register it if it appears to meet such requirements. (2) If, in making examination pursuant to sub-section (1), it appears that the power of attorney does not meet the requirements for registration, it shall be endorsed setting out the reason for its failure to meet such requirements and file it within a period of three days along with such requirements. (3) If the power of attorney endorsed pursuant to sub-section (2) is executed in meeting of the requirements and produced within the time-limit, the court shall register such power of attorney. 157. Power to change attorney or carry out proceeding in person : (1) If a party to a case who has once appointed an attorney so wishes, the party may at any time revoke the power of attorney executed by him/her and carry out acts pertaining to the case in person or appoint another person as his/her attorney. (2) In the event of the appointment of an attorney or carrying out of acts pertaining to the case by the party in person pursuant to sub-section (2), the power of attorney appointing the attorney shall be attached with the case-file, or record thereof shall be maintained if the party carries out such acts in person. 158. Provisions relating to authorized attorney: (1) Notwithstanding anything contained elsewhere in this Chapter, a person may appoint another person as an authorized attorney by executing a power of attorney, to file a plaint, submit a statement of defense, withdraws plaint claim or enter into compromise or carry out any other legal action on his/her behalf, with or without specifying any case. (2) If any summons or summons required to be given to or served on the concerned party of a case in which an authorized attorney has been appointed is given to or served on the authorized attorney, the summons or summons shall be deemed to have been duly given or served. (3) A person who has been appointed as an authorized attorney pursuant to sub-section (1) may, in the case of proceedings of the case, appear in person before the court or appoint another person as an attorney. Civil procedure code
Civil procedure code

(4) In appointing an authorized attorney by executing a general power of attorney without specifying any case pursuant to this Section, it has to be signed and executed by the person appointing an attorney in presence of, and certified by, any district judge if the power of attorney is executed within the territory of Nepal, and any Nepalese ambassador or consul general if it is executed in a foreign country. (5) In making certification of a power of attorney pursuant to sub-section (4), the photograph of the person who appoints and that of the person who is appointed under the power of attorney shall be affixed unto any part of the power of attorney, and duplicate copies of their citizenship certificates or passports shall also be attached therewith. (6) The fee of two hundred rupees shall be charged for the certification of a power of attorney pursuant to sub-section (4). 159. Transfer of right in immovable property through authorized attorney: (1) A person who, for any reason, is not able to appear in person before the concerned office in order to sell or dispose of, or exchange, or otherwise transfer any immovable property in which he/she has right and ownership or execute a will to be effectively immediately in relation to such property or to execute such a deed as required to be registered pursuant to law may sell, dispose of, exchange or transfer such property by appointing the authorized attorney by executing the power of attorney setting out the reasonable ground for his/her inability to appear in person. (2) In appointing an authorized attorney pursuant to sub section (1), the procedures referred to in sub-sections (4) and (5) of Section 158 shall be fulfilled. (3) A person who has been appointed as an authorized attorney pursuant to sub-section (1) shall carry out such acts as required be performed on behalf of the person executing the power of attorney, subject to the terms and conditions of the power of attorney executed and delivered to him/her. (4) Notwithstanding anything contained elsewhere in this Section, a deed of testament or testamentary will cannot be executed by appointing an authorized attorney. 160. Civil procedure code
Civil procedure code

Termination of status of authorized attorney: The status of authorized attorney pursuant to a power of authority executed pursuant to this Chapter shall _ipso facto_ be terminated in any of the following circumstances: (a) If the power of authorized attorney specifies any certain act, purpose and period and such act, purpose or period is completed or expired, (b) If the power of authorized attorney is so executed that it shall cease to remain valid after the occurrence of any specific event or circumstance or completion of such event or circumstance, and such event or circumstance occurs or completes, (c) If the person executing the power of attorney revokes the power of attorney by publishing a notice in any two newspapers of national circulation, (d) If the person executing the power of attorney or the person appointed under such power dies prior to the completion of the act set forth in the power of attorney, (e) If the concerned person of the property intended to be transferred through attorney appears in person and transfer the right in such property, (f) If a case is filed in the court a case between the person executing, and the person appointed under, the power of attorney, and the person appointed by the power of attorney or any of his/her undivided family members in relation to the property as referred to in the power of attorney, (g) If the person appointed under the power of attorney gives information in writing to the person executing the power of attorney, thereby expressing his/her unwillingness to act as the authorized attorney. Chapter-14 Provisions Relating to Interlocutory or Interim Orders 161. Petition to be made for issuance of interlocutory order: (1) Where the claim of a plaint or memorandum of appeal shall be meaningless if any act or action is not prevented immediately or if any act is not done immediately in the course of proceedings of any case, or if any matter is not maintained as it is in regard to any claim or demand of a case, the plaintiff or appellant may make a petition, setting out that matter, to the concerned court, praying for the issuance of an interlocutory order on any matter. Explanation: For the purposes of this Chapter, the term "interlocutory order" means any order other than a decision or judgment made in relation to a case. (2) If, upon hearing the petition received pursuant to sub section (1), it appears to be appropriate to issue such an order, the court may, for the reasons to be recorded, issue an interlocutory order on any matter. 162. Civil procedure code
Civil procedure code

Petition against interlocutory order: (1) A person who is not satisfied with the following order issued by a lower court in the course of proceedings of a case may make a petition to the court hearing appeal from such court to uphold or withhold such an order within fifteen days after the date of such order: (a) Order to hold parties on recognizance, take guarantee and court fees, (b) Revocation of a complaint made to the judge against the order of endorsement that the case cannot be registered pursuant to Chapter-10, (c) Order issued upon determining the matters relating to _locus standi_, limitation or jurisdiction in the course of holding preliminary hearings pursuant to Chapter-11, (d) Any other order made in the course of proceedings of the case. (2) Notwithstanding anything contained in sub-section (1), any party to a case may make to the court hearing appeals, a petition alleging that the time-limit has expired of any action taken by the court or irregularity has been made by not performing the act required to be done in accordance with law within the specified period, and praying for the revocation such undue order. (3) If a petition is made pursuant to sub-section (1) or (2), the court hearing appeal shall, as required, procure the report and case-file from the concerned court and hold hearings. (4) If, in holding hearing pursuant to sub-section (3), if the order made by the lower court seems to be undue or made upon expiration of the time-limit, the court hearing appeal may, for reasons to be recorded, uphold or withhold such an order or order to act in accordance with law. 163. Provisions relating to the issuance of interim order: (1) A party may, in the course of proceedings or in relation to an injunction petition, pray for the issuance of an interim order, setting out that the claims of the petition would be meaningless if any matter is not kept in status quo in respect of any matter or claim of the case on any matter pending the final settlement of such a case. Civil procedure code