chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(3) A summons to be issued in the name of a witness pursuant to this Section shall be in the format set forth in Schedule-13. 186. Power to examine witness through video conference: (1) Notwithstanding anything contained elsewhere in this Chapter, if it is not possible to produce before the court a witness required to be examined pursuant to this Chapter because of the witness being highly aged or physically infirm or staying outside Nepal, and any party of the case makes a petition to the court for the examination of such a witness through video conference and the court thinks the matter to be reasonable, the court may make an order for the examination of the witness through video conference. (2) If an order is made pursuant to sub-section (1), the concerned party shall cause the presence of the witness at the pace and day appointed for the examination of witness through video conference. (3) In making examination of the witness pursuant to sub section (2), the examination of witness shall be made or caused to be made as if the witness present at the video conference were present before the court. (4) In making examination of the witness pursuant to sub section (3), the court shall write down and record the deposition of the witness on video conference and the matters of the video conference. (5) The record of examination of a witness through video conference shall be maintained in the format set forth in Schedule-14. (6) The expenses incurred in the examination of a witness pursuant to this Section shall be borne by the party applying for the examination of the witness through video conference. 187. Power to depute employee to examine witness: (1) If any party of the case makes a petition to the court to go to the place where a witness who is unable to appear before the court due to physical infirmity is residing or staying and examine such a witness and the petition seems to be reasonable, the court may order for the examination of such a witness. (2) If an order is made pursuant to sub-section (1), the judge himself or herself may proceed to or depute an office of the concerned court to the place where such a witness is residing or staying, and the witness shall be examined, or caused to be examined, by the judge or employee, as the case may be. (3) If an employee is deputed pursuant to sub-section (2), the concerned employee shall proceed to the place where such a witness is residing or staying and examine him/her. (4) The expenses incurred in proceeding of the judge or deputation by the court of an employee to examine the witness shall be borne by the person making petition for the examination of the witness pursuant to sub-section (2). 188. Civil procedure code
Civil procedure code

Witness to be examined on due date appointed for parties: (1) Except in cases referred to in Section 186 or 187, the court shall so appoint the day for the examination of witnesses that such examination is made on the due date appointed for the parties to make presence. (2) In examining a witness, there shall be prepared a deposition containing the matters expressed by the witness, and the deposition shall be signed by him/her and recorded. 189. To take an oath: Prior to making a deposition by a witness who appears before the court to make such deposition shall take oath before the judge that he/she will state noting but the truth, in the form specified in Schedule-15. 190. Deposition taken by judge: (1) The deposition of a witness shall be taken down by the judge before the bench of whom the examination of witness is referred to. (2) In examining the witness pursuant to sub-section (1), the judge may seek the assistance of required employees to record the deposition and examine the witness. 191. Witness to be examined on due date appointed: (1) Except in cases referred to in Section 186 or 187, the deposition of all witnesses in appearance at the court on the due date appointed for the examination of witness shall be taken down. (2) Where, in making examination pursuant to sub-section (1), it is not possible because of the time factor to complete the taking down of the deposition of all witnesses in appearance on that day, the due date for appearance shall, for reasons to be recorded, be so appointed for the witnesses and parties that the deposition of witnesses shall be taken down on the next day thereof. Explanation: For the purposes of this Section, the expression "on the next day thereof" means the first day on which the court remains open, immediately following the day of the examination of witness. 192. Deposition to be certified: (1) The judge shall, in examining a witness, put questions to the witness on the matters as required to be set out by the witness and record in the deposition such questions and replies made by the witness to such questions and also the description of cross examination, if any, made in accordance with law. (2) After the recording of the description as referred to in sub-section (1), the court shall ask the witness whether he/she has any thing else to state on any matter and cause him/her to state such matter, if any, and set down in the prepared deposition that the examination of witness has been made in presence of him/her and attending parties of the case or attorneys and cause it to be signed by him/her. Civil procedure code
Civil procedure code

(3) If the witness, parties of the case or attorneys refuse to sign the deposition pursuant to sub-section (2), the witness examining judge shall certify that matter as mentioned by any or all of the witness, parties of the case or attorneys and record in the case-file of the concerned case. (4) While examining a witness, the deposition of a witness shall be taken in the form set forth in Schedule-16. 193. Remarks to be made and certified: If, in examining a witness pursuant to this Chapter, the concerned witness does not give or refuses to give answers to the questions asked by the judge or gives answers to unrelated matters rather than answers sought by the questions put to him/her, the judge shall make remarks thereof and certify the same pursuant to Section 192. 194. Power to examine witness on commission/letter rogetory: (1) Notwithstanding anything contained elsewhere in this Chapter, if a witness required to be examined is a resident of another district and because of his/her physical infirmity he/she is not able to appear in person and it is not possible to procure his/her presence in the court trying the case and take his/her deposition, and the concerned party makes a petition, setting out such matter, to the court for the examination of such a witness on commission/letter rogetory and the contents of the petition seem to be reasonable, the court may order to examine the witness on commission/letter rogetory. (2) The interrogatories required to be asked on commission/letter rogetory pursuant to sub-section (1) shall be framed in the form set forth in Schedule-17 and certified by the judge and the commission/letter rogetory shall be sent to the district court of the district where the witness is staying or residing. (3) Where a commission/letter rogetory is issued by the concerned court pursuant to sub-section (2), the court shall appoint the due date for the concerned parties to the case to make presence before the court examining the witness on commission/letter rogetory and give information thereof to the concerned court. (4) Upon receipt of the commission/letter rogetory pursuant to sub-section (2), the concerned district court shall prepare a deposition containing the answer to each interrogatory of the commission/letter rogetory upon fulfilling the procedures pursuant to this Chapter as if the case were filed in that court, and the judge of the concerned district court shall certify the deposition pursuant to Section 192 or 193 and send it to the concerned court that has issued the commission/letter rogetory. (5) In fulfilling the procedures of the commission/letter rogetory pursuant to sub-section (4), the concerned district court shall give information thereof to the parties of the case or attorneys and appoint the due date for them to make presence and send them to the case in which the case has been filed. Chapter-17 Provisions Relating to Hearings and Judgment 195. Civil procedure code
Civil procedure code

Power to make judgment on matter as agreed: (1) On the due date appointed for the plaintiff and the defendant to make presence after the submission of the statement of defense, the plaint, the statement of defense and all documents produced shall be examined in presence of both parties and shown to them, and the plaintiff and the defendant shall also be inquired into the matters tat are not clear, and the court shall consider whether both parties agree or disagree thereon. (2) If, in making consideration pursuant to sub-section (1), it appears that the defendant has admitted and agreed to the claims of the plaintiff, the court may adjudge the case at any time. 196. Power to hold pre-hearing discussions of plaintiff and defendant: (1) If the court considers it reasonable to hold pre-hearing discussions of the plaintiff and the defendant in order to ascertain the matter to be adjudged in the case pursuant to this Chapter, the court may, for reasons to be recorded, order to hold such discussions. (2) Where an order is made pursuant to sub-section (1), the court shall appoint the due date for that purpose and hold such discussions. (3) The plaintiff, defendant or their attorneys and legal practitioners may attend the meeting referred to in sub-section (2). (4) On the discussions referred to in sub-section (3), the plaintiff and the defendant may present claim, counter-claim or statement of defense and evidence in support or rebuttal of that matter and their claims or pleas in order to ascertain the matter to be adjudged in the case. (5) The court shall ascertain the matter to be adjudged in a court from the discussions referred to in sub-section (4) and makes an order to examine evidence if it appears that necessary evidence has to be examined in that matter. (6) Where discussions are held pursuant to this Section, the court shall maintain records thereof and attach the same with the case file. 197. To hold hearings upon completion of examination of evidence: (1) The judge shall, upon the completion of the examination of evidence, hold the hearing and decide the case ordinarily within one month. (2) In holding hearings pursuant to sub-section (1), the parties of the case may present their respective claims or defense and pleadings on their own or through legal practitioners or attorneys appointed by them respectively. (3) If, in holding hearings pursuant to sub-section (1), the court makes an order to present pleading notes in order to clarify the additional matters in the case, the parties of the case shall present pleading notes in writing on their own or through legal practitioners or attorneys appointed by them respectively. 198. To provide opportunity to enter into compromise: (1) If the parties of a case that is _sub judice_ in the court wish to enter into compromise at any stage, they may make a joint petition, setting out that matter, to the court. Civil procedure code
Civil procedure code

(2) If a petition is made pursuant to sub-section (1), the judge shall read out the contents of the petition and the meanings and consequences thereof known to the concerned parties. (3) If, upon reading out pursuant to sub-section (2), both parties agree to enter into compromise, the court shall draw up a deed of compromise in triplicate. (4) If, in reading out the contents of the deed of compromise drawn up pursuant to sub-section (3) to the parties, the parties agree to enter into compromise, it shall be caused to be signed by both parties, and the judge shall make an order to certify that the deed of compromise was executed in his/her presence, and one copy thereof shall be attached with the concerned case-file and one copy each shall be given to the plaintiff and the defendant. (5) Where a deed of compromise is executed pursuant to sub-section (3), no plaint that the party in question is not satisfied with the deed of compromise shall be entertained except a plaint that the other party has not complied with the deed of compromise. (6) If transmission, registration or plotting of immovable property has to be made pursuant to the deed of compromise, as a result of the order made to enter into compromise pursuant to sub section (5), the court executing the deed of compromise shall, within three days, ask the concerned office to carry out the act as referred to in the deed of compromise. 199. Settlement of dispute through mediation: (1) If the parties of a case that is _sub judice_ in the court wish to settle the case through mediation, they may, irrespective of the stage of the case, make a joint petition to the court for the settlement of dispute through mediation. (2) If a petition is made pursuant to sub-section (1) and it appears to be reasonable to settle the dispute through mediation, the judge trying the case shall make an order to settle the dispute through mediation. (3) Notwithstanding anything contained in pursuant to sub section (1) or (2), if the court is of the opinion that it is appropriate to settle any case that is _sub judice_ in the court through mediation, the court may, in consultation with the parties, order for the settlement of the dispute through mediation by the mediator appointed by the court itself or by the parties themselves. (4) If an order is made pursuant to sub-section (2) or (3), the dispute has to be settled through mediation in accordance with law. (5) If the dispute is settled through mediation pursuant to sub-section (4), the parties shall make a petition to the court, accompanied thereby by a deed of settlement of dispute through mediation. (6) If a petition is received pursuant to sub-section (5), the court shall execute the deed of compromise between the parties. Civil procedure code
Civil procedure code

(7) The provisions relating to compromise as set forth in sub sections (3), (4) and (5) of Section 198 shall also apply _mutatis_ _mutandis_ to the settlement of dispute pursuant to this Section. (8) If an order is made for the settlement of a dispute through mediation pursuant to this Section but the dispute cannot be settled through mediation, the court shall appoint the due date for the parties to make presence and try, hear and settle such case in accordance with law. 200. Not to execute compromise or mediation: Notwithstanding anything contained in Section 198 or 199, a case instituted upon the Government of Nepal being plaintiff and a case relating to a public, government or community property shall not be capable of being settled by compromise or mediation. Provided that nothing shall bar the entering into compromise in such a manner as to maintain the public, government or community property. 201. Withdrawal of claim: (1) In any case other than a case in which the Government of Nepal is plaintiff, the party of the case may, in order to abandon the claims made by him/her in the plaint, memorandum of appeal or petition and withdraw such claims or to withdraw the plaint, memorandum of appeal or petition stating that he/she is not able to prove the claims, make a petition to the court at any time prior to the hearing of the case. (2) If a petition is made pursuant to sub-section (1), the court shall make an order to grant leave to withdraw the claims or the plaint, memorandum of appeal or petition as requested by the petition. (3) If an order is made pursuant to sub-section (2), the court shall cross of the record of that case. (4) If the claims or the plaint, memorandum of appeal or petition are withdrawn pursuant to sub-section (1), the same party may not make a complaint against the persons made as opposite parties in the same plaint, memorandum of appeal or petition on the same matter. 202. Judgment to be made: (1) Subsequent to the completion of the hearings pursuant to this Chapter, the judge shall make verdict on the issue to be decided ordinarily on the same day of the completion of hearings and record the same in the verdict book. Explanation: For the purposes of this Section, the term "verdict book" means a book maintained in the court for the judge to record precisely the matters decided on a case and the grounds for the same. (2) Notwithstanding anything contained in sub-section (1), where an order is issued to submit a note of pleadings pursuant to sub section (3) of Section 197, verdict shall be made within seven days of the receipt of the note of pleadings. Civil procedure code
Civil procedure code

(3) If the court, for reasons to be recorded, makes an order that verdict cannot be made on any matters to be decided on a case pursuant to sub-section (1) on the same day given that the matters involve complex legal or factual questions, the due date for appearance shall be appointed to read out the verdict within fifteen days in maximum. (4) Where the due date is appointed pursuant to sub-section (3), the court shall make verdict on the case on that day, record it in the verdict book and read out the same to the parties. 203. Matters to be stated in judgment: (1) The judge shall set down the judgment of a case based on the maters decided pursuant to Section 202 ordinarily within seven days. (2) The judgments set down pursuant to sub-section (1) state, _inter alia_, the following matters: (a) The short description of the case, (b) The plaintiff's claims, (c) The defendant's contentions and defenses, (d) The evidence produced by the plaintiff and the defendant, (e) Maters adjudged upon agreement or disagreement between the parties over the issues, (f) Points of pleadings made by the party or his/her law practitioner on the matters referred to in clause (d) or (e) or the main points of note of pleadings, if any, submitted, (g) Matters adjudged by the court and grounds for the adjudging, (h) Relevant law relied on for adjudging the issue, (i) Such points of the judgment as required to be executed, (j) Matter whether the judgment is appealable or not. (3) A judgment shall be set down in the format set forth in Schedule-18. (4) The judge shall sign and authenticate the judgment as referred to in sub-section (3). 204. Prohibition on amendment to judgment: After the authentication of a judgment by the judgment as referred to in Section 203, no amendment shall be made to it, except correction of minor errors in such a manner as not to alter the verdict. Explanation: For the purposes of this Section, the term "minor errors" means such difference between a figure and word contained in the judgment, error on the reference of any one of the names, surnames and addresses of the plaintiff, defendant or witness and minor typo or printing error as not to differ or alter the matters adjudged and the verdict. 205. Deed to be executed on hearing of judgment: (1) Where a case is heard and adjudged by the court, the judgment shall be read out to the parties of the case, if they are present, and a deed shall be caused to be executed by them to the effect that they have heard the judgment and be attached with the case-file. (2) If a party is not present as mentioned in sub-section (1) but his/her attorney is present, then such a deed shall be caused to be executed by the attorney. Civil procedure code
Civil procedure code

(3) In the case of a party who is not present at the time of reading out the judgment pursuant to sub-section (1), the court passing the judgment shall, on its own or through the lower court, serve the time-limit for appeal, along with the notice of judgment, in the form set forth in Schedule-19, on that party within three days of the preparation of the judgment. Chapter-18 Provisions Relating to Suspension and Transfer of Cases 206. Power to suspend cases: (1) Where any party to any case, out of several cases filed in several courts, makes a petition to the court, showing a reason that the disposal of one case cannot be, or ought not to be, made until any other case is disposed of, or that judgment of one case will have substantial effect on the judgment of any other case or where the court deems that matter, on its own initiative, in the course of proceeding, the court may order, on reasons to be recorded, that such a case be suspended. (2) If an order is made to suspend any case pursuant to sub section (1), the court shall give information of that matter to the parties of the case, and also give information thereof to the concerned court in which another related case is filed. (3) Upon receipt of the information referred to in sub-section (2), the concerned court shall, upon disposal of the related case filed in it, give information thereof, accompanied by a copy of the judgment, to the court suspending the case pursuant to sub-section (2) within thirty days after the date of judgment. (4) If, upon the disposal of the case pursuant to sub-section (3), the parties to the case are on recognizance and the due date has to be appointed for the parties to appear on the court suspending the case, the court shall appoint such date for the parties to make appearance before the court suspending the case and send them to that court. (5) Notwithstanding anything contained in this Section, if different courts hold divergent views on which of the cases _sub judice_ in such courts should be suspended, the courts shall make reports to the court hearing appeals from the concerned courts. (6) Where a report has been sent pursuant to sub-section (5), the appellate court shall make an appropriate order on that matter and the concerned court shall act in accordance with that order. 207. Revival of suspended case: (1) If a case suspended pursuant to Section 206 has to be revived and proceeded, any party of the case may make a petition, accompanied by the reason for the revival, to the court. (2) If a petition is made pursuant to sub-section (1) and the grounds appear to be reasonable, the court may revive and hear the case suspended as prayed for by the petition. Civil procedure code