(1) While sending the
summon in the name of a defendant against whom a case has been filed
in the Special Court, a summon may be issued by specifying the period
of thirty days excluding the time for a journey in case such person is out
of the country and of fifteen days in case such person is within Nepal.
(2) While issuing summons in the name of a defendant residing
out of the country in accordance with Sub-section (1), it shall be issued
in the name of any office or representative in case there is any office or
representation of such defendant located within Nepal. The summon
issued in this manner shall be considered a duly issued summon.
(3) In case of non-availability of such office or representative in
accordance with Sub-section (2), a summon shall be issued by telex,
telefax or through any other recordable means of telecommunication or
by post with a registry letter at the place in case there is any main place
of the business of such defendant or a permanent place of residence or
an address of correspondence made available by him/her while carrying
the transaction and the summon issued in this manner shall be
considered a duly issued summon.
(4) Notwithstanding anything contained in Sub-section (2) or (3),
this Section shall not be considered as an obstruction in case of the
existence of a separate provision made therein by an agreement, with
regard to issuing a summon in the name of any defendant residing out of
the country, of which Nepal as a state or the Government of Nepal is a
party.
(5) While issuing summon by the Special Court in the name of a
witness of a case filed in it, it shall issue summon by specifying a period
of up to Seven days excluding the time for journey.
(6) A summon issued in accordance with this Section may be
issued by an employee of the Special Court or district court or through
any other nearest government office. It shall be the principal duty of the
court officer (Shrestedar) of the concerned district court or office chief
of such office to accomplish summon, it so dispatched by the Special
Court, with a priority.
(7) The official deputed from the Special Court shall have to
accomplish the summon procedure within Two days excluding the time
for journey and the Special Court shall inflict a fine upto Five Hundred
Rupees to such official if found causing delay in completing the
summon procedure without the presence of any reasonable cause.
(8) In case any person is applying for acknowledging summon
issued in his/her name after being known that a summon has been issued
in his/her name, at the Special Court or the court or office dispatched to
issue such summon, such summon may be issued to him/her. While
making an application so, no fees shall be levied.
(9) In case a report has been filed of being failed to accomplish
the summon procedure issued in the name of any person due to the
reason that the address has not been noticed or any other reason, then a
public notice shall be published at least two times in national-level
newspaper (in English in the case of foreigner) by giving a time of thirty
days to be present in the Special Court by mentioning a short description
of a case filed in it. And, in case of publication of such notice, it shall be
considered an issuance of summon to such person.
(10) Except otherwise provided in this Section, the other
provisions with regard to serving summon shall be as per the prevailing
law.