You are viewing the translated version of समाह्वानको तामेली.
Section 61
Tameli of Samahwan
(1) When sending the subpoena for service, three copies of the subpoena must be submitted and sent for service by a police officer, an employee of the court or any other government office designated by the court.
(2) A receipt issued in accordance with this Code, which is issued in the name of a person, shall be delivered to the same person as far as possible.
(3) According to sub-section (2), if the concerned person is not found, or if he is found, if he does not understand, it can be delivered to any person of his household who has reached the age of at least eighteen years.
(4) According to sub-section (3), if the concerned person or the person of the same household is not found, or even if found, he or the person of his same household does not understand, one member of the relevant ward of the local level and at least two local persons shall keep one person and at least two local persons, and make a copy of them and theirs as well. One copy should be pasted on the door of his house and submitted to the relevant ward office of the local level and one copy should be filed in the Tameli Samahwan Court.
(5) The relevant ward office of the local level shall post the notification received as per sub-section (4) on its notice board.
(6) If at least one member of the concerned ward committee of the local level and at least two local persons prove that the person who has been issued a summons does not reside at the address mentioned in the summons, the address of his residence can be disclosed if it can be disclosed, and the same procedure if it cannot be disclosed. It will have to be submitted back to the court.
(7) Upon return of subpoena according to sub-section (6), the court shall issue another subpoena at the place where he resides or if the place is not opened, after informing the plaintiff party as per the requirement.
(8) In the event that a summons is to be served in the name of an officer or employee of the Government of Nepal or any organized organization, the summons can be served at the office where such officer or employee is available.
(9) The immediately available head of such office or organization for sending any receipt for delivery in accordance with sub-section (8).One copy must be handed over to the concerned official or employee and the other copy should be sent back to the court with the signature of the relevant official or employee stating the manner and date of the receipt if possible.
(10) If the receipt cannot be served according to sub-section (9), such receipt shall be posted on the notice board of the relevant office or organization. In this way, the report pasted on the notice board should be given to the relevant court.
(11) In case such official or employee is on leave while filing the notice in accordance with sub-section (8), the relevant office or institution shall give notice of the fact that such notice has been issued to such employee as soon as possible.
(12) If a memorandum is to be served in the name of an organized organization, a copy of such memorandum shall be submitted to the court at the head office or local office of such organization.
(13) According to sub-section (12) if the certificate is served at the local office, the certificate shall be deemed to have been served at the head office of such organization.
(14) When filing a summons in accordance with this section, the filing officer shall submit a report to the court stating the date and manner of filing.
(15) If a court has to serve a subpoena on a person residing in any other area outside its territory, it shall send the subpoena to the court of that area and have it served through that court, and such court shall also serve the subpoena according to this paragraph and send a copy of the subpoena back to the court issuing the subpoena. will fall.
(16) While preparing the arraignment in accordance with this section, the notice sent to the accused in accordance with sub-section (7) of section 57 shall also be arraigned and submitted or posted on the door of the house as the case may be.