yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 153: Provisions relating to authorized attorney:
(1) Notwithstanding anything contained elsewhere in this Chapter, a person may appoint any person as an authorized attorney by executing a power of attorney to file a plaint, submit a statement of defense, withdraw the plaint claim or enter into compromise or carry out other legal action on his or her behalf, with or without specifying any case.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 153: Provisions relating to authorized attorney:
Subsection (2)
(1) Notwithstanding In appointing an authorized attorney by executing a general power of attorney without specifying any case pursuant to this sub-section (1), the person appointing the attorney shall affix signature and thumb impression on the power of attorney in presence of, and have it authenticated by, a judge of any District Court if the power of attorney is executed within Nepal, and any Nepali ambassador or consul general if it is executed in a foreign country.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 153: Provisions relating to authorized attorney:
Subsection (3)
(1) Notwithstanding A person who wishes to have a power of attorney authenticated pursuant to sub-section (2), the person shall affix a photograph of him or her and of the attorney to be appointed unto the power of attorney, and submit copies of the citizenship certificates or passports of both of them to the district judge or Nepali embassy or consulate general.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 153: Provisions relating to authorized attorney:
Subsection (4)
(1) Notwithstanding A fee of five hundred rupees shall be charged for the authentication of a power of attorney pursuant to sub-section (3).
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 153: Provisions relating to authorized attorney:
Subsection (5)
(1) Notwithstanding A person appointed as an authorized attorney pursuant to this Section may appear in the court when the case is proceeded, heard and adjudicated or appoint another person as an attorney for that purpose.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 154: Right in immovable property may be transferred through
authorized attorney: (1) A person who is not able to appear in the concerned office in order to sell or dispose of, or exchange or execute a deed of gift with immediate effect or otherwise transfer any immovable property in which he or she has right and ownership or to execute any deed required to be registered pursuant to law may sell, dispose of, exchange or execute a deed of gift with immediate effect or otherwise transfer such property or execute such deed by appointing an authorized attorney by executing the power of attorney setting out the reasonable ground for his or his inability to appear in person.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 154: Right in immovable property may be transferred through
Subsection (2)
In appointing an authorized attorney pursuant to subsection (1), the procedures referred to in sub-sections (2) and (3) of Section 153 shall be fulfilled.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 154: Right in immovable property may be transferred through
Subsection (3)
A person appointed as an authorized attorney pursuant to sub-section (1) shall perform necessary acts on behalf of the person appointing him or her as attorney, subject to the terms and conditions of the power of attorney executed and delivered to him or her.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 154: Right in immovable property may be transferred through
Subsection (4)
Notwithstanding anything contained elsewhere in this Section, a deed of gift with testamentary effect may not be executed by appointing an authorized attorney.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 155: Termination of status of authorized attorney:
(1) The status of an authorized attorney referred to in 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 gets completed or expired, (b) If the power of authorized attorney is so executed that it will cease to exist after the completion or termination of any specific event or circumstance and such an event or circumstance gets completed or does not exist, (c) If the person appointing attorney voids the power of attorney by publishing a notice in any two national daily newspapers, (d) If the person appointing attorney or the attorney dies prior to the completion of the act referred to in the power of attorney, (e) If the concerned person appears in person and transfers or exchanges the right in the property intended to be transferred or exchanged through attorney, (f) If a case is filed in a court between the person appointing attorney and the attorney or a person of his or her joint family in relation to the property referred to in the power of attorney, (g) If any case is filed in a court between the person appointing authorized attorney and the attorney, (h) If the authorized attorney gives the person appointing him or her information in writing expressing his or her unwillingness to act in such a capacity, accompanied by the original copy of the power of authorized attorney.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 155: Termination of status of authorized attorney:
Subsection (2)
(1) The status of an Notwithstanding anything contained elsewhere in this Chapter, nothing contained in this Chapter shall be deemed to affect any power of authorized attorney already authenticated in fulfillment of the requirements of law for the time being in force, prior to the commencement of this Act.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 156: Petition may be made for issuance of interlocutory order:
(1) Where the claim of a plaint or memorandum of appeal will be meaningless if any act or action is not prevented immediately or if any act is not done immediately in the course of proceeding of any case or if the status quo of any matter is not maintained, 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 such a matter. Explanation: For the purposes of this Chapter, the term "interlocutory order" means any order other than a decision or judgment made in a case.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 156: Petition may be made for issuance of interlocutory order:
Subsection (2)
(1) If, upon hearing the petition received pursuant to subsection (1), it appears appropriate to issue such an order, the court may, for the reasons to be specified, issue an interlocutory order on such a matter.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 156: Petition may be made for issuance of interlocutory order:
Subsection (3)
(1) If an order is made pursuant to sub-section (2) on the basis of hearing of a petition by any one party, the other party may make a petition to the same court for the voidance of such an order.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 156: Petition may be made for issuance of interlocutory order:
Subsection (4)
(1) If a petition is made pursuant to sub-section (3), the concerned court shall hear both parties and make a decision to or not to issue an order voiding such an order, and the party who is not satisfied with that decision may make a petition to the court hearing appeals from such a court. 100
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 157: Petition may be made against interlocutory order:
(1) A person who is not satisfied with any of the following orders issued by a lower court in the course of proceeding of a case may make a petition to the court hearing appeals from such a court to void or vacate such an order within fifteen days after the date of such an order: (a) Order to hold the party on recognizance or take guarantee or court fee from the party, (b) Order to cancel a complaint made to the judge against the order of endorsement made that the case cannot be registered pursuant to Chapter-10, (c) Order issued upon determining the matter relating to locus standi, statute of limitation or jurisdiction in the course of holding preliminary hearing pursuant to Chapter-11, (c) Any other order made in the course of proceeding of the case.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 157: Petition may be made against interlocutory order:
Subsection (2)
(1) A person Notwithstanding anything contained in sub-section (1), any party to a case may make to the court hearing appeals from the court a petition alleging that the time-limit has been expired of any action taken by the court or irregularity has been made by not doing the act required to be done in accordance with law within the specified period, and praying for the voidance of such an action.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 157: Petition may be made against interlocutory order:
Subsection (3)
(1) A person If any petition is made pursuant to sub-section (1) or
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 157: Petition may be made against interlocutory order:
Subsection (2)
(1) A person , the appeal hearing court shall, as required, obtain the report or case-file from the concerned court and hear the petition. 101
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 157: Petition may be made against interlocutory order:
Subsection (4)
(1) A person If, in conducting hearing pursuant to sub-section (3), the order made or action taken by the lower court appears to be unduly or made or taken upon expiration of the time-limit, the appeal hearing court may, for reasons to be specified, void or annul such an order or order the lower court to do such other act as deemed appropriate under law.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
(1) If the concerned petitioner considers that the petition claim would be meaningless if the status quo of any subject matter of any claim is not maintained pending the final settlement of the petition, such a petitioner may, setting out that matter, pray for the issuance of an interim order.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (2)
(1) If the If an interim order is prayed for pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (1)
(1) If the , the court may, if it deems appropriate and necessary, issue any of the following orders for a period until the petition is finally settled: (a) To issue an interim order, specifying a certain period, (b) To order to summon the presence of the other party for discussions on whether the interim order issued pursuant to clause (a) should be continued or not, (c) To issue a conditional interim order if a party, in holding discussion in relation to the interim order, makes commitment in writing that the party will bear compensation under the law in force for the damage, if any, caused to the other party as a result 102 of the issuance of the interim order in his or her favor, after the final decision of the petition, (d) To maintain the status quo of the subject matter of the petition claim where the petition claim appears to be meaningless if the status quo of such subject matter is not maintained.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (3)
(1) If the Notwithstanding anything contained in sub-section (2), nothing shall preclude the court from making a final decision on the subject matter of a petition submitted for an interim order if the court considers that it is appropriate to make a decision on such a matter.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (4)
(1) If the An interim order issued pursuant to sub-section (2) shall be deemed to have, ipso facto, been invalid upon the final settlement of the petition.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (5)
(1) If the Notwithstanding anything contained elsewhere in this Section, where the court has once refused to issue an interim order, the concerned party may subsequently make a petition again for such an order on the same matter, specifying the grounds and reasons for a fundamental change in the circumstances.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (6)
(1) If the If a petition referred to in sub-section (5) is made, the court may, upon hearing both parties, issue an interim or other appropriate order in respect of the interim order.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (7)
(1) If the If an order is made to summon the presence of the other party to hold a discussion on whether the interim order issued pursuant to sub-section (2) should be continued or not and a discussion cannot be held on that day because of the petitioner, the interim order shall thereafter be inoperative. 103
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (8)
(1) If the The court shall specify the reasons for issuing, or refusing to issue, an interim order pursuant to this Section.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 158: Provisions relating to the issuance of interim order:
Subsection (9)
(1) If the If an order is issued pursuant to sub-section (2) or (6), nothing contained in this Section shall preclude the court from proceeding with the case without affecting such an order.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 159: Vacation of interim order:
(1) Any party may make a petition to the same court for the vacation of an interim order issued by the court on the ground that the interim order was issued upon ex parte hearing or that an opportunity was not given to that party to present his or her matters.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 159: Vacation of interim order:
Subsection (2)
(1) Any party may make a petition to If a petition is made pursuant to sub-section (1), the court may order the presence of the other party and conduct hearing on that matter.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 159: Vacation of interim order:
Subsection (3)
(1) Any party may make a petition to If, in conducting hearing pursuant to sub-section (2), the court considers it appropriate to vacate the interim order issued earlier on that matter, the court shall, for the reasons to be specified, vacate such an order.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 159: Vacation of interim order:
Subsection (4)
(1) Any party may make a petition to Notwithstanding anything contained in sub-section (3), if it appears appropriate to amend or alter the terms of an interim order instead of vacating it, the court may, for the reasons to be specified, amend or alter such terms of the interim order.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 160: Compensation to be paid:
(1) If the interim order issued pursuant to this Chapter is vacated or its terms altered or amended and any party has suffered any loss or damage because of being unable to do any act or take any action as a result of the interim order prior to such vacation, amendment or alteration, that party may make a 104 petition to the concerned court against the party praying for the interim order for compensation, setting out the amount of such suffered loss or damage.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 160: Compensation to be paid:
Subsection (2)
(1) If the interim order issued pursuant If a petition is made pursuant to sub-section (1), the court may order the presence of the concerned parties and conduct hearings on the matter.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 160: Compensation to be paid:
Subsection (3)
(1) If the interim order issued pursuant If, upon conducting hearings pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 160: Compensation to be paid:
Subsection (2)
(1) If the interim order issued pursuant , it appears that the petitioner has actually suffered loss or damage as a result of the issuance of the interim order, the court may order the payment of compensation in consideration for such loss or damage. Provided that no order may be made for the payment of compensation in consideration for any remote or indirect loss or damage.
The National Civil Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Interlocutory or Interim Orders
Section 160: Compensation to be paid:
Subsection (4)
(1) If the interim order issued pursuant If an order is made pursuant to sub-section (3), the party praying for the interim order shall pay the compensation referred to in that order. 105
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 161: Documentary evidence to be submitted:
(1) The plaintiff and the defendant shall submit the originals and 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.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 161: Documentary evidence to be submitted:
Subsection (2)
(1) The plaintiff and the Notwithstanding anything contained in sub-section (1), if the documentary evidence cannot be submitted immediately, along with the plaint or statement of defense, in a case of which the Government of Nepal is plaintiff or defendant, the plaint or statement of defense may state the reason therefor, and describe in which office such an evidence is or likely to be held.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 161: Documentary evidence to be submitted:
Subsection (3)
(1) The plaintiff and the If description as to the evidence is made in the plaint or statement of defense pursuant to sub-section (1), the court may, as required, itself procure such an evidence from the concerned office and examine it.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 161: Documentary evidence to be submitted:
Subsection (4)
(1) The plaintiff and the Notwithstanding anything contained elsewhere in this Section, if it is not possible to submit the original of any documentary evidence to the court immediately, a duplicate copy thereof may be duly submitted along with the plaint or statement of defense, accompanied by the reason therefor.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 162: Evidence to be specified:
(1) Notwithstanding anything contained in Section 161, if the original or copy of any documentary evidence is not available for the time being because the original of such evidence 106 is in the custody of any person or organization, the plaintiff or defendant shall specify that matter in the plaint or statement of defense.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 162: Evidence to be specified:
Subsection (2)
(1) Notwithstanding anything contained in If it is necessary to examine the evidence specified pursuant to sub-section (1), the court may order such a person or an organization to submit the original or copy of such an evidence within the period specified by it.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 162: Evidence to be specified:
Subsection (3)
(1) Notwithstanding anything contained in If an order is made pursuant to sub-section (2), such person or an organization shall submit such an evidence to the court within the period specified by the court.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 162: Evidence to be specified:
Subsection (4)
(1) Notwithstanding anything contained in If any person or organization does not submit such an evidence within the period referred to in sub-section (3), the court may sentence such a person or the chief of such an organization to a fine not exceeding one thousand rupees.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 163: Request for time:
(1) If the plaintiff or defendant requests for a time, setting out the reason why it is not possible to submit any documentary evidence at the time of registering the plaint or statement of defense, and the court may, if it finds the reason to be reasonable, give the time not exceeding fifteen days for that purpose.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 163: Request for time:
Subsection (2)
(1) If the plaintiff or defendant requests for a The plaintiff or defendant shall submit such evidence to the court within the time given pursuant to sub-section (1).
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 163: Request for time:
Subsection (3)
(1) If the plaintiff or defendant requests for a Any evidence that is not submitted within the time referred to in sub-section (2) may not be examined as evidence.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 164: Leave may be granted to submit evidence:
(1) If any new and important documentary evidence of which the plaintiff or defendant was unaware at the time of registration of the plaint or statement of 107 defense comes to the knowledge of or is discovered by the plaintiff or defendant subsequently, the plaintiff or defendant may request for a leave to submit such an evidence, and the court may, if it deems the matter reasonable, grant a leave to the plaintiff or defendant to submit such an evidence.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 164: Leave may be granted to submit evidence:
Subsection (2)
(1) If any new and If the plaintiff or defendant makes a petition to the court, stating that it is not possible for him or her to submit the evidence referred to in sub-section (1) on his or her own because such an evidence is in the custody of another person, organization or body, the court may make an order pursuant to sub-section (2) of Section 162 to produce such an evidence.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 165: Original documents to be returned:
(1) Upon receipt of the original and a duplicate copy of any documentary evidence pursuant to this Chapter, the concerned officer shall verify the duplicate copy of such documentary evidence with its original, authenticate the duplicate copy, take the signature or thumb impression of the person submitting it on the duplicate copy and attach it with the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 165: Original documents to be returned:
Subsection (2)
(1) Upon receipt of the After attaching the authenticated duplicate copy with the case-file pursuant to sub-section (1), the court shall return the original of such an evidence to the concerned person.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 165: Original documents to be returned:
Subsection (3)
(1) Upon receipt of the If the original copy returned pursuant to sub-section (2) is required, the court may demand it from the concerned person at any time. If such a person does not submit the original of documentary evidence so demanded, such an evidence may not be taken in evidence in such a case. 108
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 166: Evidence cannot be examined prior to submission of statement of
defense: Except as otherwise provided for in law, no proceeding to examine evidence may, generally, be conducted prior to the submission, or expiration of the period for the submission, of the statement of defense.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 167: Evidence to be examined: If it appears necessary to examine any
such a document in evidence as maintained with a government office specified in the plaint or statement of defense, an order shall be made to examine such an evidence generally within seven days after the date of submission of the statement of defense or after the date of expiration of the period for submission of the statement of defense where it has not been submitted.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 168: Evidence to be examined on the issue to be decided:
(1) On the date appointed for appearance of the parties to a case, the court shall ascertain upon what issues the parties are at variance, by examining the plaint, statement of defense and all the submitted documentary evidences, in presence of the plaintiff and defendant, and also inquiring them into necessary matters.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 168: Evidence to be examined on the issue to be decided:
Subsection (2)
(1) On the If, in making ascertainment pursuant to sub-section (1), it appears that both parties agree on the claims by the plaintiff, the court shall make a decision on the same day.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 168: Evidence to be examined on the issue to be decided:
Subsection (3)
(1) On the 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 and order the production of, and appoint the date for the examination of, evidence and proof. 109
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 168: Evidence to be examined on the issue to be decided:
Subsection (4)
(1) On the Notwithstanding anything contained elsewhere in this Section, no evidence may be examined on any matter other than these related to the issues to be decided.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 169: Power of court to order submission of document:
(1) If the court is of opinion that any such evidence which is necessary to decide the issues to be decided as the party to a case is not able to or could not submit is in the custody of any person, it may, at any time in the course of proceeding of the case, order such a person to submit such evidence within such period as specified by the court.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 169: Power of court to order submission of document:
Subsection (2)
(1) If the court If an order to submit evidence is made pursuant to subsection (1), the concerned person shall submit such a document in person or through any other person to the court within the period specified in the order.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 169: Power of court to order submission of document:
Subsection (3)
(1) If the court The court may sentence the person who does not either produce the document pursuant to sub-section (2) nor specify also a reasonable ground for the failure to submit it to a fine not exceeding ten thousand rupees.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 170: Order of examination of evidence:
(1) Except as otherwise ordered by the court, in examining evidence on the date appointed for appearance for the examination of evidence, the court shall, generally, examine the evidence submitted by the defendant after the examination of the evidence submitted by the plaintiff.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 170: Order of examination of evidence:
Subsection (2)
(1) Except as otherwise ordered If, in examining evidence pursuant to sub-section (1), any party to a case immediately raises an objection that any documentary evidence is inadmissible in evidence or is irrelevant, 110 the court shall examine such a matter and order immediately as to whether such an objection is reasonable or not.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 170: Order of examination of evidence:
Subsection (3)
(1) Except as otherwise ordered If, in making an order pursuant to sub-section (2), any documentary evidence submitted by any party is held to be inadmissible in evidence or irrelevant, such a matter shall be recorded and attached with the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 171: Power to cause document to be executed:
(1) If it is necessary to inquire any party into any matter of the case, the court may at any time inquire that party and cause him or her to execute a paper, in presence of the other party.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 171: Power to cause document to be executed:
Subsection (2)
(1) If it is necessary to Except on such matters as required to be proceeded, heard and adjudicated upon a plaint in accordance with law, the court shall proceed, hear and adjudicate any case to be proceeded, heard and adjudicated upon any other complaint by setting out the evidence of each matter required to be set out by the plaintiff or defendant, getting him or her to make deposition and recording the same.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 172: Deposition to be made whether a document is genuine or forged
Subsection (1)
On the date appointed for appearance for the examination of evidence, the original of documentary evidence submitted by the plaintiff shall be shown, and its contents read out, to the defendant and vice versa, and if any party names such a document as a genuine, forged or fraudulent one, deposition to that effect shall be taken and recorded.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 172: Deposition to be made whether a document is genuine or forged
Subsection (2)
If, in showing or reading out a document pursuant to sub-section (1), a party is not able to immediately determine whether 111 the document is genuine, forged or fraudulent and requests for a time-limit, the court shall give a time-limit not exceeding three days.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 172: Deposition to be made whether a document is genuine or forged
Subsection (3)
If a document bearing the signature or thumb impression of any person other than a party to the case has been submitted and a party to the case for a time-limit in view of being unable to immediately name whether the document is genuine, forged or fraudulent, a time-limit not exceeding fifteen days may be given to make deposition, accompanied by evidence, whether it is genuine, forged or fraudulent.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 172: Deposition to be made whether a document is genuine or forged
Subsection (4)
The court shall take deposition of the person who is to make deposition within the time-limit given pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 172: Deposition to be made whether a document is genuine or forged
Subsection (3)
and accordingly record it, by which he or she names the document whether genuine, forged or fraudulent.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 172: Deposition to be made whether a document is genuine or forged
Subsection (5)
If, in taking deposition pursuant to sub-section (4), any party states that such a document is forged or fraudulent, the court shall take depositions of all parties to the case on the same day, if present on that day, and take deposition of the party, if any, absent on that day, on next day on which he or she appears.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 172: Deposition to be made whether a document is genuine or forged
Subsection (6)
If it appears necessary to order the appearance of the concerned party in person in a case in which his or her attorney or legal practitioner is on recognizance, the court shall order the appearance of, and take deposition of, such party.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 172: Deposition to be made whether a document is genuine or forged
Subsection (7)
If, in showing or reading out any documentary evidence pursuant to this Section, the concerned party is not able to ascertain whether it is genuine, forged or fraudulent, the court may refer such a documentary evidence to the concerned expert for its examination. 112
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 173: Document need not be read out for genuineness, forgery or
fraudulence: (1) Any document that cannot be taken in evidence in accordance with law need not be read out or shown for the purpose of genuineness, forgery or fraudulence.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 173: Document need not be read out for genuineness, forgery or
Subsection (2)
If any document submitted by a defendant as evidence affects any other defendant, the court shall show and read out the document to such an affected defendant and take his or her deposition, in accordance with the procedures of Section 172.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 174: Examination of evidence by appeal hearing court: 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 submitted for evidence in that case is a genuine, forged or fraudulent one and the lower court has adjudged the case without completing such procedures, the appeal hearing court shall procure the original of that document and take deposition of the party.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 175: To proceed, hear and adjudicate case by taking deposition: A
case capable of being determined as a criminal case in accordance with law, arising from the statement of defense or deposition by the defendant in any civil case shall be proceeded, heard and adjudicated from the same case-file, by taking deposition of the party. Provided that the court empowered to try only specific type of cases under a law shall proceed, hear and adjudicate only such cases in accordance with that law.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 176: Affected parties to be heard: If the study of the documents attached
with the case-file reveals that the right of a third person other than the parties to the case will be affected from the adjudging of any 113 issue of a case or such a person is also related to the case, the court shall examine also such a person, provide him or her with a reasonable time and opportunity to be heard and proceed, hear and adjudicate the case by holding him or her on recognizance based on the evidence submitted by him or her, as if he or she were the principal person.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 177: Power to carry out mapping, survey or measurement:
(1) If it appears that a case should not be adjudicated without carrying out the mapping, survey or measurement of the immovable property in dispute, the court shall order to carry out the mapping, survey or measurement of such property.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 177: Power to carry out mapping, survey or measurement:
Subsection (2)
(1) If it If it is to carry out the mapping, survey or measurement of such property pursuant to the order made under sub-section (1), the court shall appoint a date for both parties to appear at the place where such mapping, survey or measurement has to be carried out or give a notice of such appointed date to them.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 177: Power to carry out mapping, survey or measurement:
Subsection (3)
(1) If it One employee of at least non-gazette second class serving in the court and a surveyor (Amin) shall visit to the place where the immovable property has to be mapped, surveyed and measured on the date appointed for appearance pursuant to subsection (2), carry out the mapping, measurement and survey of that immovable property and prepare a memorandum thereof, in presence of both parties to the case, at least one representative of the Local Level as far as available and at least two local persons, as well.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 177: Power to carry out mapping, survey or measurement:
Subsection (4)
(1) If it Upon carrying out the mapping, survey or measurement pursuant to sub-section (3), the employee deputed by the court shall take signature or thumb impression of the concerned party, local 114 person and Local Level representative on the memorandum of mapping, survey or measurement, specify his or her name and signature on it, prepare three copies of such mapping, survey or measurement, which is also to be signed by the mapping, surveying and measuring employee, with his or her name, surname and designation, give a copy to each party to the case, take a receipt thereof, surrender the remaining one copy, receipt and memorandum to the court and attach them to the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 177: Power to carry out mapping, survey or measurement:
Subsection (5)
(1) If it If the parties fail to appear when the mapping, survey or measurement has to be carried out pursuant to sub-section (3) or refuse to affix signature or thumb impression on the memorandum of mapping despite appearance or if it is a case in which the parties remain absent on the appointed date for appearance, the deputed employee shall carry out mapping, survey or measurement in presence of the other persons referred to in sub-section (4), enter in the memorandum of mapping a remark that the party has not appeared or has refused to affix signature or thumb impression despite appearance, affix his or her signature or thumb impression on, and take signature or thumb impression of at least one representative of the Local Level, submit the memorandum to the court and attach it with the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 177: Power to carry out mapping, survey or measurement:
Subsection (6)
(1) If it If a representative of the Local Level who is required to appear pursuant to this Section remains absent despite a notice was given to him or her, the mapping, survey or measurement carried out in fulfillment of the other procedures shall not be deemed to be unduly merely by the reason that he or she has remained absent. 115
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 177: Power to carry out mapping, survey or measurement:
Subsection (7)
(1) If it A mapping, survey or measurement that fails to meet the requirements pursuant to this Section shall be inadmissible in evidence.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 177: Power to carry out mapping, survey or measurement:
Subsection (8)
(1) If it If, in carrying out the mapping, survey or measurement of any immovable property pursuant to this Section, the employee deputed by the court for that purpose is found to have dishonestly carried out such mapping, survey or measurement in a manner to make it different than the reality or actuality of such immovable property, such an employee shall be liable to a fine not exceeding ten thousand rupees, and to a departmental action as well.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 178: Power to inspect site:
(1) If it appears that it is not possible to submit the actual subject-matter of a case to the court due to the complexity of such a subject-matter or it is necessary to make direct observation or inspection of the site where the thing specified as evidence, matter or immovable property in dispute is situated, the court shall make an order, setting out the reason for the same.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 178: Power to inspect site:
Subsection (2)
(1) If it appears that it is not possible to If an order is made to make observation or inspection pursuant to sub-section (1), the court shall appoint the day in advance for that purpose, and the judge himself or herself or the technician or other employee designated pursuant to the order of court shall make such an observation or inspection of the site.
The National Civil Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Examination of Documentary Evidence
Section 178: Power to inspect site:
Subsection (3)
(1) If it appears that it is not possible to If any technician or other person makes observation or inspection of such a thing, matter or site pursuant to sub-section (2), such a technician or person shall prepare a report on the matters relevant to the subject-matter of the case and submit it to the court. 116
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 179: Parties to cause appearance of witness:
(1) The party to a case himself or herself shall cause the appearance of any witness mentioned as evidence on the date appointed by the court for appearance for the examination of witness.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 179: Parties to cause appearance of witness:
Subsection (2)
(1) The party to a case The evidence of a witness who fails to make appearance on the date appointed pursuant to sub-section (1) shall not be examined.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 179: Parties to cause appearance of witness:
Subsection (3)
(1) The party to a case Notwithstanding anything contained in sub-section (1) or (2), if the witness fails to make appearance on the date appointed for causing the presence of witness due to a circumstance referred to in clause (c) or (e) of Section 225 and, within seven days, excluding the time required for journey, from the date on which the route was opened, the party makes a petition, accompanied also by a recommendation by the concerned Local Level or any government office certifying the occurrence of such a circumstance, praying that another date for appearance be appointed, the court shall so appoint another date for appearance that the examination of witness is made within seven days of the date of such an application.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 180: Power of court to subpoena and examine witness:
(1) Notwithstanding anything contained in Section 179, the court shall issue a process to any witness who must be examined in a case involving the right, interest or concern of the Government of Nepal or public right, interest or concern, thereby ordering such a witness to appear in the court within fifteen days. 117
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 180: Power of court to subpoena and examine witness:
Subsection (2)
(1) If a process is issued pursuant to sub-section (1), such a witness shall appear within the period as specified by the court.