You are viewing the translated version of म्याद तामेल सम्बन्धी कार्यविधि.
Section 10
Procedures for Compliance
(1) In a case filed in a special court, when a deadline is sent to the name of the defendant, apart from the travel deadline, a summons can be issued for a period of up to thirty days if he is abroad and fifteen days if he is inside Nepal.
(2) According to sub-section (1), when the summons is served in the name of the defendant abroad, if such defendant has any office or representative in Nepal, the summons shall be served in the name of such office or representative and the summons so served shall be deemed to have been duly served.
(3) If there is no office or representative as per sub-section (2), such defendant's main place of business or address of permanent residence or any address given by him for correspondence while doing business, through telex, telefax or any other means of telecommunication that may be recorded at such address or The summons shall be registered and served by post and the summons so served shall be deemed to have been duly served.
(4) Notwithstanding anything written in sub-section (2) or (3), if there is a separate provision in any agreement to which Nepal or the Government of Nepal is a party regarding the service of summons in the name of the defendant residing abroad, this clause shall not prevent the service of summons accordingly. Not considered.
(5) The special court may issue a subpoena for a period of up to seven days in addition to the time limit for the witness in the case before it.
(6) The notice issued in accordance with this section can be served by the staff of the special court or through the district court or any other nearby government office. It will be the duty of the Shrestadar of the concerned district court or the head of such office to comply with the deadline issued by the special court.
(7) The employee who goes to meet the deadline issued by the special court must complete the deadline within two days except for the deadline of the ticket and if it is found that he is late in meeting the deadline without any valid reason, the special court can fine him up to five hundred rupees.
(8) Special CourtsKnowing that a deadline has been issued in his name, if someone applies to a special court or the court or office sent to enforce the deadline, to understand the deadline issued in his name, such deadline can be served on him. No fee will be charged for filing such an application.
(9) In case a deadline is served in the name of a person by following the procedure under this section, if there is a report that the address of such person cannot be found or for any other reason such deadline could not be served, the brief description of the case filed in the special court shall be mentioned and such person should appear within thirty days. A public notice shall be published at least twice in a national level newspaper (in the case of a foreigner, in an English daily) and such a person shall be deemed to have been duly served by the publication of such notice.
(10) Apart from what is written in this section, other arrangements related to deadline will be in accordance with prevailing laws.