Section 61: Service of summons

1) The court shall issue a summons in triplicate, and the service of summons shall be executed by any police employee, any employee of the court or any such other government office as the court may direct.

2) A summons issued pursuant to this Act shall, to the extent possible, be served personally on the person summoned, by delivering it to him or her.

3) Where the person summoned cannot be found, or, despite being found, refuses to acknowledge the summons being served pursuant to sub-section (2), the summons may be delivered to any of his or her joint family members, who has completed at least eighteen years of age.

4) If the concerned person or joint family member is not found or, despite being found, such person or even such member refuses to acknowledge the summons pursuant to such-section (3), the serving employee shall affix one of the duplicates of the summons to the house or house-door of that person in the presence of one member of the concerned ward of the Local Level and of at least two local persons, who as well as the serving employee shall affix signature or thumb impression thereon, and deliver one copy thereof to the concerned ward committee of the concerned Local Level and submit one copy of the served summons to the court.

5) The concerned ward office of the Local Level shall affix to its notice board a notice corresponding to the summons received pursuant to sub-section (4).

6) If at least two local persons and at least one member of the concerned ward committee of the Local Level certify that the person summoned pursuant to sub-section (5) does not reside in the place specified in the summons, the summons shall be returned to the court, indicating the address of his or her residence, if any, discovered, and indicating the matter to that effect if such address cannot be discovered.

7) If a summons is returned pursuant to sub-section (6), the court may direct the summons to the place of his or her residence and, as required, issue another summons setting out the address, as required, in consultation also with the plaintiff.

8) While serving a summons on any office-bearer or employee of the Government of Nepal or anybody corporate, the summons may be served at the office where such office-bearer or employee is serving.

9) Where a summons is received for service pursuant to sub-section (8), the chief of such office or body available for the time being shall serve the summons by delivering one copy of the summons to the concerned office-bearer or employee, and, as far as practicable, cause the other copy to be signed by the concerned office-bearer or employee, stating the manner and date of its service, and return that copy to the court.

10) If a summons cannot be served pursuant to sub-section (9), such summons shall be affixed to the notice board of the concerned office or body. A report on such affixation to the notice board shall be given to the concerned court.

11) If, in serving a summons pursuant to sub-section (8), such officer-bearer or employee is on leave, the concerned office or body shall promptly give a notice of such service of summons to such employee.

12) If a summons is to be served on anybody corporate, a copy of the summons shall be delivered to the central or local office of such body, and the receipt thereof shall be submitted to the court.

13) If a summons is served at the local office pursuant to sub-section (12), the summons shall be deemed to have been served at the headquarters of such body.

14) In serving a summons pursuant to this Section, the serving employee shall submit to the court a report containing the date and details of the service.

15) If any court is required to serve a summons on a person who is residing in any area outside its jurisdiction, the court shall send the summons to the court of that area and cause it to be served through that court, and that court shall cause the summons to be served in accordance with this Chapter and return a copy thereof to the court issuing the summons.

16) In serving a summons pursuant to this Section, the notice sent to the accused person pursuant to sub-section (7) of Section 57 shall also be delivered or, depending on the situation, affixed to the house-door, together with the summons.