chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(2) If an interim order is prayed for pursuant to sub-section (1) and the court thinks it appropriate and necessary, the court may issue the following order for a period until the petition is finally settled: (a) To issue an interim order with specification of the period, (b) To make an order to summon the presence of the other party to hold discussions on whether the interim order issued pursuant to clause (a) should be given continuity or not, (c) If it appears, from the discussions held in relation to the interim order, that there exists a situation where the other party has suffered loss, following the final decision of the petition, as a result of the issuance of the interim order in his/her favor and a commitment is writing is made to bear compensation pursuant to the laws in force, to issue a conditional interim order, (d) If the claim of a petition appears to be meaningless if the matter of claim of the petition is not kept in status quo, to keep that matter in status quo. (3) Notwithstanding anything contained in sub-section (2), if a petition is made for an interim order but the court is of the opinion that it is appropriate to made decision on a given matter, nothing shall preclude the court from making the final decision on that matter. (4) The interim order issued pursuant to sub-section (2) shall be deemed to have _ipso facto_ been ineffective upon the final settlement of the petition. (5) If an order is made to summon the presence of the other party to hold discussions on whether the interim order issued pursuant to sub-section (2) should be given continuity or not and discussion cannot be hold on that day because of the petitioner, the interim order shall then be inoperative. (6) The court shall assign the reason for issuing, or refusing to issue, an interim order pursuant to this Section. 164. Revocation of interim order: (1) Any party may make a petition to the same court for the revocation of an interim order issued pursuant to Section 163 showing the reason that the interim order has been issued upon _ex parte_ hearing or that an opportunity has not been given to that party to present his/her matters. (2) If a petition is made pursuant to sub-section (1), the court may summon the presence of the other party and hold hearings on that matter. (3) If, in holding hearings pursuant to sub-section (2), the court thinks it appropriate to revoke the interim order issued pursuant to Section 163, the court may make an order to revoke such order. (4) Notwithstanding anything contained in sub-section (3), if it appears appropriate to amend or alter the terms of the interim order instead of revoking the same, the court may, for the reasons to be recorded, amend or alter the terms of the interim order issued pursuant to sub-section (2) of Section 163. 165. Civil procedure code
Civil procedure code

Compensation to be paid: (1) Where the interim order issued pursuant to Section 163 has been revoked or its terms altered or amended and any party has suffered any loss or damage being unable to do any act or take any action as a result of the interim order prior to such revocation, amendment or alteration, that party may make a petition to the concerned court against the party praying for the interim order for compensation, setting out the amount of such loss or damage. (2) If a petition is made pursuant to sub-section (1), the court may summon the presence of the concerned parties in the court and hold hearings on the matter. (3) If, upon holding hearings pursuant to sub-section (2), it appears that the petitioner has actually suffered loss or damage as a result of the issuance of interim order, the court may order for the payment of compensation in consideration for such loss or damage. Provided that no order may be made to make payment of compensation in consideration of any remote or indirect loss or damage. (4) If an order is made pursuant to sub-section (3), the party praying for the interim order shall pay the compensation pursuant to that order. Chapter-15 Provisions Relating to Examination of Documentary Evidence 166. Production of documentary evidence: (1) The plaintiff or the defendant, as the case may be, shall produce the originals and duplicate copies of such documentary evidence related with the claims as set down by the plaintiff in the plaint and with the pleas as set down by the defendant in the statement of defense along with the plaint or the statement of defense, as the case may be. (2) The court shall verify the original evidence submitted pursuant to sub-section (1) with its copy and return the original evidence to the concerned party. (3) The original returned pursuant to sub-section (1) shall be produced as and when the court so demands. (4) Any evidence not produced pursuant to sub-sections (1) and (3) may not be taken in evidence in the concerned case. (5) Notwithstanding anything contained in sub-section (4), if in a case of which the Government of Nepal is plaintiff or defendant, the documentary evidence cannot for any reason be produced at the time of filing or submission of the plaint or the statement of defense, the plaintiff or the defendant may set down the reason and description thereof in the plaint or the statement of defense that in which office such evidence is or likely to be held. (6) Where description is set down pursuant to sub-section (5), the court may, as required, itself procure and examine such evidence. (7) Notwithstanding anything contained elsewhere in this Section, if it is not possible to produce the original of any documentary evidence before the court immediately, a duplicate copy thereof shall be duly produced with the plaint or the statement of defense, accompanied by the reason for the same. 167. Civil procedure code
Civil procedure code

Evidence to be mentioned: (1) Notwithstanding anything contained in this Section 167, if the original or duplicate copy of any documentary evidence is not available for the time being but such evidence is in the custody of any person or organization, the plaintiff or the defendant shall mention that matter in the plaint or the statement of defense, as the case may be. (2) If the evidence is mentioned pursuant to sub-section (1) and it is necessary to examine such evidence, the court may order the concerned person or organization to produce the original of such evidence before the court within such a period as specified by the court. (3) If an order is made pursuant to sub-section (2), such person or organization shall produce such evidence within the period as specified by the court. (4) The court may fine the person or chief of organization who does not produce the evidence pursuant to sub-section (3) with a sum not exceeding five hundred rupees. 168. Request for time: (1) If, for any reason, it is not possible to produce any documentary evidence at the time of filing of the plaint or submission of the statement of defense and the plaintiff or the defendant makes a request, accompanied by the reason for the same, for time to produce such evidence, the court may, if it finds the reason to be reasonable, give the time not exceeding fifteen days. (2) The plaintiff or the defendant shall produce such evidence before the court within the time given pursuant to sub section (1). (3) Any evidence not produced within the time as referred to in sub-section (2) may not be examined as evidence. 169. Request for leave to produce evidence: If any new and important documentary evidence that was not in the knowledge of the plaintiff or the defendant at the time of filing of the plaint or submission of the statement of defense, as the case may be, comes to the knowledge or is found/discovered and the plaintiff or the defendant requests for a leave to produce such an evidence and the matter seems to be reasonable, the court may grant a leave to produce such evidence and examine it. 170. Return of originals: (1) After the production of the original and duplicate copy of any documentary evidence pursuant to this Chapter, the person producing such evidence shall be caused to sign the duplicate copy of such documentary evidence. (2) The concerned officer of the court shall verify the duplicate copy of the documentary evidence produced pursuant to sub-section (1) with its original and certify the duplicate copy and record it in the concerned case-file. (3) After recording the certified duplicate copy as referred to in sub-section (2) with the case-file, the original of the documentary evidence produced pursuant to sub-section (1) shall be returned to the concerned person. 171. Civil procedure code
Civil procedure code

Not to examine evidence prior to submission of statement of defense: No proceeding may be initiated to examine evidence normally prior to the submission of the statement of defense or expiration of the period for the submission of the statement of defense upon the filing of a plaint, except in accordance with law. 172. To examine evidence: If it appears necessary to examine any such document in evidence as maintained with a government office as mentioned in the plaint or the statement of defense, an order shall be made to examine it normally within a period of seven days after the date of the submission of the statement of defense or after the date upon the expiration of the period for the submission of the statement of defense where such statement has not been submitted. 173. To examine evidence on issue to be decided: (1) On the due date appointed for appearance of the parties of a case following the filing of the plaint, the court shall inspect the plaint and the statement of defense and all documents produced, in presence of the plaintiff and the defendant and inquire the plaintiff and the defendant into necessary matters and ascertain the issues admitted or denied by both parties. (2) If, in making ascertainment pursuant to sub-section (1), it appears that both parties agree on the issues claimed by the plaintiff, the court shall make decision on the same day. (3) If, in making ascertainment pursuant to sub-section (1), it appears that both parties disagree on the matters partly or fully, the court shall frame the issues that are denied and to be decided and clearly set out other additional evidence required to be examined in that connection, order the production of evidence and proofs and appoint the date for the examination of evidence and proofs. (4) Notwithstanding anything contained elsewhere in this Section, no evidence may be examined on any matter other than the matters relevant with the issues to be decided. 174. Power of court to produce deed: (1) The court may, at any time in the course of proceedings of a case, order any person who is in possession such a document which the party of the case has not been able to produce or cannot produce as may be necessary to decide the issues of the case, to produce the deed within the period as specified by the court. (2) The court may order any person in possession of any document that can be taken in evidence and is relevant with the issues to be decided in a case to produce such a document before the court. (3) If an order is made pursuant to sub-section (1) or (2), the concerned person shall produce the deed in person or through any other person before the court within the period as specified in the order. Civil procedure code
Civil procedure code

(4) The court may fine the person who does not produce the document pursuant to sub-section (3) or does not appear before the court without showing a reasonable reason for the failure to produce it or does not make a petition with a sum not exceeding five thousand rupees. 175. Order of examination of evidence: (1) Except as otherwise ordered by the court, in examining evidence on the date appointed pursuant to the court order for the examination of evidence by the court, the evidence produced by the defendant shall ordinarily be examined after the examination of the evidence produced by the plaintiff. (2) If, in examining evidence pursuant to sub-section (1), any party immediately raise any objection that any document or proof is inadmissible in evidence or is irrelevant, the judge shall immediately order as to whether such an objection is reasonable or not. (3) If, in making order pursuant to sub-section (2), any document produced by any party is held to be inadmissible in evidence or irrelevant, that matter shall be recorded in the case-file. 176. Power to cause document to be executed: (1) The court may, in relation to any necessary matter related with the case as required to be inquired with the parties of case, inquire it at any time in presence of the plaintiff or the defendant and cause a document to be executed to that effect. (2) Except on such matters as required to be tried, heard and settled upon a plaint in accordance with law, the court shall try, hear and settle any case to be tired, heard and settled upon any other complaint by setting out the evidence of each matter required to be set out by the plaintiff or the defendant, getting them to make depositions and recording the same. 177. To make deposition whether document is genuine or forged: (1) On the date appointed for the examination of proof and evidence, the evidentiary document submitted by the plaintiff shall be shown in original to the defendant and that of evidentiary document submitted by the defendant shall be shown in original to the plaintiff, and the contents to be read out to each, and if any party names a document as a genuine, forged or fraudulent one, deposition to that effect shall be taken and recorded. (2) If, in showing or reading out a document pursuant to sub section (1), a party is not able to immediately determine whether the document in question is genuine, forged or fraudulent one and requests for a time-limit, the court may give a time-limit not exceeding three days. Civil procedure code
Civil procedure code

(3) Where a document bearing the signature of any person other than the parties to the case has been produced and a request is made by a party of the case for a time-limit in view of being unable to immediately determine whether the document is genuine, forged or fraudulent, a time-limit not exceeding fifteen days may be given to make statement, accompanied by evidence, as to the genuineness, forgery or fraudulence of the document. (4) The person who is to make deposition within the time limit given pursuant to sub-section (3) shall be caused to make deposition as to the genuineness, forgery or fraudulence of the document, and any deposition made by him/her shall be recorded. (5) Where a deposition to be taken pursuant to sub-section (4) is made that the document is forged or fraudulent, depositions of all parties to the case, if present on that day, shall be taken on that day and that by any party who is not present on that day shall be recorded on the day on which he/she is present. (6) Where the attorney or legal practitioner of any party is making presence and it appears necessary to summon the presence of the concerned party in person, the court may summon the presence of, and take the deposition of, such a party in person. (7) If, in showing or reading out an evidentiary document pursuant to this Section, the genuineness, forgery or fraudulence of the document cannot be ascertained, the court may send such an evidentiary document to the concerned specialist for its examination. 178. Reading out for genuineness, forgery or fraudulence not required: (1) Any document that cannot be taken in evidence in accordance with law is not required to be read out or shown for the purpose of genuineness, forgery or fraudulence. (2) If a document produced by a defendant affects another defendant, it shall be shown and read out to such affected defendant and his/her deposition shall be taken, in accordance with the procedures set forth in Section 177. 179. Examination of evidence by court hearing appeal: If it is necessary to adjudge a case of which the judgment examining court is seized by way of appeal or otherwise by ascertaining whether any document produced for evidence in that case is a genuine or forged one and the lower court has adjudged the case without carrying out that proceeding, the court hearing appeal shall procure the original of that deed or document and take the deposition of the party. 180. To try, hear and adjudicate case by taking deposition in the same case: A case that is a criminal case in accordance with law and has arisen from the statement of defense or deposition of the defendant of any civil case pending in any court shall be tried by taking deposition for the same case-file. Civil procedure code
Civil procedure code

Provided that the court trying only specific type of cases under any specific Act shall try, hear and settle only such cases in accordance with such Act. 181. To examine affected parties: If it appears from the study of the documents attached with the case-file related with any case that any matter to be adjudged in such a case will also affect any third person or that such person is also found to be relevant with the case, the court shall examine even such a person, provide him/her with a reasonable time and opportunity to be heard and try, hear and settle the case by holding him/her on recognizance based on the evidence produced by him/her and by requiring him/her to appear on the appointed due date as if he/she were the principal person. 182. Power to make measurement or map: (1) If it appears that the issue should not be adjudged without making a map, survey or measurement of any immovable property subject to dispute in a case, the court may order for making the map or measurement of such property. (2) In making a map or measurement pursuant to an order made under sub-section (1), a date shall be appointed for both parties to make presence at the place where the map or measurement has to be made or a notice of such date shall be given to them. (3) Where a date has been appointed pursuant to sub-section (2), one employee of at least non-gazetted second class serving in the court, also accompanied by a surveyor, shall go to that place and carry out such inspection, measurement and survey of the house, wall or other immovable property as may be required to be so surveyed or measured on that date, in presence also of both parties of the case, at least one representative of the local body as far as available and at least two local persons. (4) In making a map or measurement pursuant to sub-section (3), such a map deed has to be got signed by the concerned party, local person and representative of the local body and by the concerned employee, produced before the court and recorded in the concerned case-file. (5) If the parties do not show up in the place where such map or measurement has to be carried out pursuant to sub-section (3) or refuse to sign despite showing up there or if this is a case in which the parties have not made presence on the date appointed for appearance, such a map or measurement as may be required shall be carried out in presence of the other persons mentioned in sub-section (4), and a remark that the parties have been absent shall be mentioned therein, and shall be signed by the employee deputed and by at least one representative of the local body, produced before the court and recorded in the concerned case-file. Civil procedure code
Civil procedure code

(6) If a representative of the local body who is required to be present pursuant to this Section is not present despite a notice having been given to him/her, any inspection, map or measurement meeting the other requirements shall not be invalid only by the reason that he/she has remained absent. (7) A map or measurement that fails to meet the requirements pursuant to this Section shall be inadmissible in evidence. 183. Power to inspect venue: (1) If it appears that it is not possible to produce the subject-matter of a case actually before the court owing to the complexity of the subject-matter of the case or it is necessary to make direct observation or inspection of the place where the matter of dispute or immovable property is situated, the judge shall make an order, setting out the reason for the same. (2) If an order is made pursuant to sub-section (1), the court shall appoint the day in advance for such inspection, and the judgment himself or herself or the technician or other employee deputed pursuant to the order of court shall make such observation or inspection. (3) If observation or inspection is made by a technician or other person deputed pursuant to sub-section (2), such technician or person shall prepare a report only on the matters relevant to the subject-matter of the case and submit it to the court. Chapter-16 Provisions Relating to Examination of Witness 184. Parties to cause presence of witness: (1) The party of a case shall cause the presence of any witness mentioned as his/her evidence on the date appointed by the court for the examination of witness. (2) The evidence of a witness who fails to make presence on the date appointed pursuant to sub-section (1) shall not be taken in. (3) Notwithstanding anything contained in sub-section (1) or (2), if the witness fails to make presence on the due date appointed for causing the presence of witness owing to a circumstance as referred to in clause (c) of Section 144 and the party makes a petition for the appointment of another due date, and the petition is accompanied by a recommendation by the concerned local body or any government body certifying the occurrence of such a circumstance, the court shall appoint another due date to examine such a witness no later than ten days of the date of such petition. 185. Power to court to subpoena and examine witness: (1) Notwithstanding anything contained in Section 184, the court shall issue a summons to any witness who must be examined in a case involving the property of the Government of Nepal or public property or public right, interest or concern, thereby ordering such a witness to make presence before the court within fifteen days. (2) Where a summons is issued pursuant to sub-section (1), such a witness shall make presence within the period specified by the court. Civil procedure code