chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Civil Procedure Code, 2017

8. Disputes Relating to Legal Status Only to be Determined by Regular Court: Disputes relating to the establishment of relationship, dissolution of relationship or legal status of any person shall be determined only by a regular court. 9. Status of Parties to be Equal: (1) While conducting proceedings, hearing and disposal of a case, the status of the parties to the case shall remain equal.

(2) The Court shall treat each party to the case equally.

(3) Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.If, in the course of the proceedings of a case, the Government of Nepal, Provincial Government or Local Level, or any body thereof, or any legal person appears before the Court as a plaintiff or defendant, unless otherwise provided by law or unless the Court otherwise orders, Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.the Government of Nepal, Provincial Government or Local Level, or any body thereof, or any legal person shall not be entitled to claim a separate status, facility, concession, immunity or exemption during the proceedings of the case. 10. Must have Locus Standi to Make a Claim: A person wishing to file a plaint in a court shall mention in the plaint that he has a right to take any claim or that he has a lawful interest or concern in relation to such claim, and shall show that he has locus standi. 11. Jurisdiction not to be Void: A court or officer shall be assigned jurisdiction according to law for the diary, proceedings, hearing and disposal of any case. 12. Not to Refuse to Decide: (1) A Judge shall not refuse to decide a case on the ground that the law is insufficient or unclear.

(2) In the situation referred to in Sub-section (1), the Judge shall decide on the basis of accepted principles of law and justice. 13. Opportunity to be Given for Compromise or Mediation: (1) Before passing a judgment on any case, the Court shall give an opportunity to the parties to compromise or to adopt the process of mediation and compromise in such case.

(2) When giving an opportunity pursuant to Sub-section (1), if the parties agree to compromise or to adopt the process of mediation, a case pending at any level may be compromised or may be caused to be compromised by adopting the process of mediation. 14.
Muluki Civil Procedure Code, 2017

14. Principle of Res Judicata to be Followed: After a case has been filed and a judgment has been passed once, the Court shall not hear and pass judgment more than once on the same subject matter between the same plaintiff and defendant, except in the case of an appeal filed or a matter where a compromise has not been implemented. 15. Right to Appeal: A party dissatisfied with a case that has been heard in initial proceedings and disposed of by a judgment or final order by any court shall have the right to appeal to the relevant court hearing appeals according to law. Chapter-3

Provisions Relating to Jurisdiction

16. Must have Jurisdiction: (1) Any court must have jurisdiction according to law to conduct proceedings, hearing and disposal of a case.

(2) Proceedings, hearings, orders or decisions made by a court without jurisdiction in the course of a case shall be void.

(3) While deciding, the court shall specify in the judgment under which law it has jurisdiction. 17. Jurisdiction of Courts: The power to conduct initial proceedings, hearing and disposal of a case, to hear appeals against it, to retry a case or to review shall be with the respective court as provided by law. 18. Jurisdiction of District Court: (1) The power to conduct proceedings, hearing and disposal of any matter relating to immovable property, which by the nature of the subject matter requires local inspection, and cases relating to easement, canal, boundary, and cases where the plaint requires inspection of a house, land or property, shall be with the District Court of the district where such house, land or property is situated.

(2) In addition to the cases mentioned in Sub-section (1), the power to conduct proceedings, hearing and disposal of the following cases shall also be with the District Court of the district where such property is situated:-

(a) Involving questions of rent, crops or proceeds, or relating to ownership, possession or right of property,
(b) Relating to attachment or release of immovable property,
(c) Relating to partition of immovable property,
(d) Relating to mortgaging, pledging, possessing or using immovable property,
(e) Relating to any concern or condition over immovable property,
(f) Relating to compensation connected with immovable property.

(3) Notwithstanding anything written in Sub-section (1) or (2), in a share (partition) case, the District Court in which the plaint is filed among the districts where the plaintiff or the defendant is located shall have the power to conduct proceedings, hearing and disposal of the case. 19.
Muluki Civil Procedure Code, 2017

19. Jurisdiction of District Court where Defendant Resides or Act Occurred: (1) In cases other than those written in Section 18, the District Court in which the plaint is filed among the District Courts of the district where the defendant resides or the act occurred shall have the power to hear, conduct proceedings and dispose of such case. Explanation: For the purpose of this Section, "district where the defendant resides" means the district where the defendant lives, and the word also includes, in the case of a legal person, the district where its principal office is situated.

(2) If the plaintiff and the defendant have conducted a transaction in a district other than the district where they reside, the District Court in which the plaint is filed among the District Court of the district where such transaction was conducted or where the plaintiff or defendant is located shall have the power to hear, conduct proceedings and dispose of such case.

(3) In the situation under Sub-section (1), if there are more than two defendants in any case, the plaint shall be filed in the District Court of the district where the largest number of defendants reside. Provided that if an equal number of defendants reside in more than one district, the case may be filed in any District Court of the district where such defendants reside. 20. Jurisdiction of Cases Relating to Transactions Abroad: (1) Notwithstanding anything written in Sections 18 and 19, if it is mentioned in a deed or contract relating to a transaction, dealing or agreement done abroad that a case may be filed in any court of Nepal, the District Court of the district where the plaintiff or defendant resides shall have the power to conduct proceedings, hearing and disposal of such case.

(2) Notwithstanding anything written in Sub-section (1), if it is mentioned in a deed relating to a transaction, dealing or agreement that a case may be filed in a particular District Court of Nepal, that court shall have the power to conduct proceedings, hearing and disposal of such case. 21. Jurisdiction of Cases Relating to Transactions Within Nepali Aircraft or Ship: While an aircraft or ship registered in Nepal according to law is outside Nepal, the jurisdiction to conduct proceedings, hearing and disposal of a case relating to any transaction conducted within such aircraft or ship, subject to Section 20, shall be with a court of Nepal. 22.
Muluki Civil Procedure Code, 2017

22. Jurisdiction of Higher Court: If a case concerning any matter falling within the jurisdiction of both a lower level court and a higher level court according to law is filed in both the lower and higher level courts, the higher level court shall have the power to conduct proceedings, hearing and disposal of the case. 23. Jurisdiction of Court: If a case on the same subject matter is filed in both a court and another judicial body, the regular court shall have the power to conduct proceedings, hearing and disposal of such case. 24. Jurisdiction of Cases where Public Servant is Plaintiff or Defendant: (1) Notwithstanding anything written elsewhere in this Chapter, when a public servant files a plaint against any person in an official capacity or when a person files a plaint against a public servant making him a defendant in an official capacity, such plaint must be filed in the District Court of the district where such public servant is currently serving or where the plaintiff is located.

(2) When a public servant has to submit a plaint or written statement in his private capacity, he may register it in the District Court of the district where he is serving.

(3) If any plaint or written statement is registered pursuant to Sub-section (2), that court shall send such plaint or written statement to the relevant District Court.

(4) If any plaint or written statement is received pursuant to Sub-section (3), the relevant District Court shall conduct necessary proceedings, hearing and disposal according to law. 25. Jurisdiction of Relevant District Court: (1) If no court or officer is assigned jurisdiction according to law to conduct proceedings, hearing and disposal of any case, the relevant District Court shall have the power to conduct proceedings, hearing and disposal of such case.

(2) If a court, body or officer is authorized according to law to conduct proceedings, hearing and disposal of a case but such court or body is not constituted or an officer is not assigned, until such court or body is constituted or an officer is assigned, the relevant District Court shall also have the power to conduct proceedings, hearing and disposal of such case. 26.
Muluki Civil Procedure Code, 2017

26. Only One Court's Plaint to Stand: (1) If a person has registered different plaints on the same subject matter in different courts, with the consent of both parties to the case, the plaint of any one court shall be kept standing and information thereof shall be given to the other court.

(2) If information is received from any court pursuant to Sub-section (1) that the plaint registered in that court is to stand or be dismissed, the court receiving such information shall keep or dismiss the plaint in its court accordingly.

(3) If the parties cannot agree pursuant to Sub-section (1), the plaint registered in the court where the plaint was first registered shall be kept standing and the plaint in the other court shall be dismissed. 27. Jurisdiction of Court Hearing Appeal: When a case is filed in any court pursuant to this Chapter and its proceedings, hearing and disposal are completed, the court hearing appeals against the order or judgment made by that court shall have the power to conduct appeal proceedings, hearing and disposal according to law. Chapter-4

Provisions Relating to Procedure for Preparing Deeds

28. Formalities to be Fulfilled when Preparing a Deed: (1) When preparing a deed, the subject matter for which the deed is being prepared shall be clearly stated, and it shall be prepared by printing, typing or handwriting without any error or alteration, and the party concerned relating to such deed shall sign/thumbprint it. Explanation: For the purpose of this Chapter,-

(a) "Deed" means the following deeds:-
(1) All kinds of deeds of transaction, property transfer or pledging/mortgaging made in domestic dealings,
(2) Deed relating to adopted son or adopted daughter,
(3) Contract,
(4) Deed of power of attorney, Power of Attorney (Akhityarnama), Consent letter (Manjurinama) or other papers of similar nature,
(5) Any deed to be submitted to a government office or corporate body,
(6) Any kind of deed including plaint, written statement, appeal petition, petition, application submitted to a court,
(7) Deed issued by a government office or corporate body,
(8) Any other deed that creates or does not create a legal right or obligation.

(b) "Party concerned" means a person who is responsible to sign/thumbprint the deed based on its contents.
Muluki Civil Procedure Code, 2017

Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.(c) "Government Office" means the Office of the President, Office of the Vice-President, Supreme Court, Federal Parliament, Provincial Assembly, Office of the Government of Nepal, Office of the Provincial Government, Office of the Local Level, Office of the Provincial Chief, Constitutional Body or its office, Court, Office of the Attorney General, Nepali Army, Nepal Police, Armed Police Force, Nepal, and all other government offices of the Federal, Provincial and Local Levels.

(d) "Corporate Body" means an institution wholly or partially owned by the Government of Nepal or Provincial Government or Local Level, an institution established according to law, company or trust, and the word also includes a university, college or school.

(2) While preparing deeds pursuant to Sub-section (1), if there is an error due to a reason or if the content differs and needs correction, the sentence, word, number or letter that needs to be corrected shall be crossed out or marked so that the difference is visible, and the correct sentence, word, number or letter shall be written immediately above or below the crossed-out place, and the party concerned shall sign/thumbprint at each place where it is crossed out or corrected.

(3) Notwithstanding anything written in Sub-section (2), if a deed cannot be corrected by alteration, or if even if it can be corrected, the corrected content causes ambiguity or doubt, or if it is a deed that must be certified according to law, another separate deed shall be prepared instead of such deed.

(4) When mentioning any amount in a deed pursuant to Sub-section (1), it shall be mentioned in both figures and words.

(5) If there is a difference in figures and words while stating any amount pursuant to Sub-section (4), the content written in words shall be valid. 29.
Muluki Civil Procedure Code, 2017

29. Formalities to be Fulfilled when Signing/Thumbprinting: (1) When signing/thumbprinting a deed or causing it to be done, a literate person shall write his name and Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.affix his signature, and an illiterate person shall affix a thumbprint.

(2) Notwithstanding anything written in Sub-section (1), when signing/thumbprinting the following deeds, the thumbprints of both thumbs and, for literate persons, the fact of having affixed their Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.signature shall be certified by signing/thumbprinting:-

(a) Deed relating to property for which one's right has been relinquished or which has been pledged/mortgaged,
(b) Consent letter (Manjurinama) or Power of Attorney (Akhityarnama) given to a government office or corporate body,
(c) Exchange deed (Sattapattapatra), partition deed (Bandapatra) between co-sharers, deed of renunciation of share (Ansha chhodapatra) or receipt of share (Ansha bujheko bharapai),
(d) Deed of separation or reunion of family (Mano chhutiyeko or mano jodiyeko),
(e) Deed relating to adopted son or adopted daughter,
(f) Separate receipt given for repayment of loan or giving of loan without an endorsement of refusal to register on the face of the deed,
(g) Deeds including Bhogabandhaki, Drishtibandhaki, Likhbandhaki for loan given or taken, Promissory note (Bhakhapatra), Guarantee bond (Jamanipatra), Undertaking (Kabultiyatnama),
(h) Contract for taking or giving deposit (Naso dharauti),
(i) Deed of Kapali Tamasuk (a type of informal loan document).

(3) When signing/thumbprinting pursuant to Sub-section (1), in the case of a deed issued by a government office or corporate body, the concerned officer shall sign by mentioning his name and Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.post, affix the office seal, and the date of issuance of the deed shall be mentioned in such deed. 30. Formalities to be Fulfilled when Affixing Signature: (1) A literate person shall write his full name, surname and permanent address on the deed and affix his signature.

(2) When signing pursuant to Sub-section (1), a full signature shall be affixed at the main place where Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.signature is required, and a short form signature may be affixed at other places.

(3) When signing/thumbprinting pursuant to Sub-section (2), if the deed on the same subject matter consists of more than one page, the party concerned required to Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.sign at the top and bottom of each page shall sign/thumbprint in such a way that no content can be added or removed from such deed. 31.
Muluki Civil Procedure Code, 2017

31. Formalities to be Fulfilled when Affixing Thumbprint: (1) When affixing or causing to affix a thumbprint on a deed, the thumbprint of the right thumb of the person affixing such thumbprint shall be affixed.

(2) When affixing or causing to affix a thumbprint pursuant to Sub-section (1), if a person does not have a right thumb, or even if he has one but the lines of the shell whorl are not clearly visible, the thumbprint of the left thumb, and if both thumbs are absent or even if present but the lines of the shell whorl are not clearly visible, the thumbprint of any other finger of the right or left hand with clearly visible lines shall be affixed or caused to be affixed.

(3) In the case of a deed where thumbprints of both thumbs are required to be affixed or caused to be affixed, if the party concerned does not have a thumb on any hand, or even if present but the lines of the shell whorl are not clearly visible, the thumbprint of any other finger of that same hand with clearly visible lines and the thumbprint of the hand with clearly visible shell whorl lines shall be affixed or caused to be affixed.

(4) When affixing or causing to affix a thumbprint pursuant to Sub-section (1), if a party concerned does not have both thumbs, or even if present but the lines of the shell whorl are not clearly visible, thumbprints of any one finger each of both hands with clearly visible lines shall be affixed or caused to be affixed.

(5) When affixing or causing to affix a thumbprint pursuant to this Section, if a party concerned does not have any finger on the hand, or even if present but the lines of the shell whorl are not clearly visible, the thumbprint of any one or two fingers as necessary, even of the same hand, with clearly visible lines shall be affixed or caused to be affixed.

(6) When affixing or causing to affix a thumbprint pursuant to this Section, if a party concerned does not have any finger on the hand, or even if present but the lines of the shell whorl are not clearly visible, the signature/thumbprint of such party concerned shall be caused to be made pursuant to Section 33.

(7) When affixing or causing to affix a thumbprint pursuant to this Section, except where thumbprints of one or both thumbs have been caused to be affixed according to law, when affixing or causing to affix a thumbprint of any other finger, the reason why the thumb is absent or its shell whorl lines are not clearly visible due to which the thumbprint of another finger is affixed or caused to be affixed shall be mentioned in the relevant deed.
Muluki Civil Procedure Code, 2017

32. Must Affix or Cause to Affix Signature: If a thumbprint of the party concerned cannot be affixed due to the situation under Section 31 in a deed where both a thumbprint and a Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.signature are required, and if the party concerned can Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.sign, he shall affix or cause to affix only his signature after stating this fact. 33. Must Cause Guardian or Curator to Sign/Thumbprint Deed: In the case of a party concerned who cannot sign pursuant to Section 30 and whose thumbprint also cannot be affixed due to the situation under Section 31, for a deed that requires the party concerned to sign/thumbprint, the guardian or curator of such party concerned shall be kept present and his signature/thumbprint shall be affixed or caused to be affixed. 34. Procedure when a Person Unable to Sign/Thumbprint Makes a Deed: When only the Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.signature of the party concerned is affixed on the deed pursuant to Section 32, or when the signature/thumbprint of the guardian or curator of the party concerned is affixed on his behalf pursuant to Section 33, the reason for that shall be mentioned at the top of the deed and the concerned officer shall certify such deed. 35. Procedure when Making a Deed on Behalf of a Person in a Special Condition: (1) Notwithstanding anything else written in this Chapter, when causing any deed to be made on behalf of a blind or mute person, if such person has a guardian or curator, he shall also be kept present and the deed shall be prepared according to what such person expresses or indicates, and the signature/thumbprint of the guardian or curator shall also be affixed on such deed.

(2) When causing a deed to be made on behalf of a minor or a person not of sound mind, if there is a guardian or curator, he shall also be kept present and his signature/thumbprint shall also be affixed.

(3) Notwithstanding anything else written in this Section, when causing a person who cannot read to sign/thumbprint a deed, if such person so desires, it shall be done in the presence of a person chosen by him, and the fact that the person present in such presence was chosen by him shall also be stated in the same deed and the signature/thumbprint shall be affixed. 36.
Muluki Civil Procedure Code, 2017

36. Deed to be Valid: (1) If a signature or thumbprint is affixed pursuant to this Chapter, subject to the law, such deed shall be valid for any purpose and shall be enforceable according to law.

(2) Notwithstanding anything written in Sub-section (1), except for contracts and agreements under sealed tenders published by way of public notice and transactions conducted with banks and financial institutions through Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2080.exchange instruments, deeds prepared within Nepal in domestic dealings involving an amount exceeding fifty thousand rupees for which Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.signature or thumbprint is required according to this Chapter, or an amount not less than that amount determined by the Government of Nepal by publishing a notice in the Nepal Gazette, shall require the concerned parties to appear at the office of the Local Level or the Ward Committee of the Local Level and have the original deed certified at the top thereof by that office, and while certifying it, the certifying office shall cause the parties to the deed to sign/thumbprint. Provided that if the parties so desire, they may also cause domestic deeds of less than fifty thousand rupees to be certified pursuant to this Section.

(3) If a deed is brought for certification pursuant to Sub-section (2), the office of the relevant Local Level or Ward Committee of the Local Level shall also record the names, surnames, addresses of the parties to the deed, the date of the deed and the amount of transaction or the consideration mentioned in the deed, and shall certify such deed on the same day. Added by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2080.(3a) Deeds of transactions that have not been certified by the office of the relevant Local Level or Ward Committee of the Local Level pursuant to Sub-section (2) at the time of commencement of this Sub-section shall be caused to be certified within six months from the date of commencement of this Sub-section. Added by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2080.(3b) If any party to the transaction pursuant to Sub-section (3a) is unable to appear in person due to illness or physical or mental disability, in the case of such party, his representative or guardian may cause such deed to be certified.
Muluki Civil Procedure Code, 2017

Added by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2080.(3c) Before certifying the deed of transaction pursuant to Sub-sections (3a) and (3b), the office of the relevant Local Level or Ward Committee of the Local Level may conduct necessary inquiry into the truthfulness of the transaction under such deed. Added by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2080.(3d) For the purpose of causing certification pursuant to Sub-section (3a), even if one party to the transaction is not present, the office of the relevant Local Level or Ward Committee of the Local Level shall, upon ascertaining the veracity of such transaction, issue the certification. Added by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2080.(3e) Notwithstanding anything written in Sub-section (3a), if any party to the transaction is outside Nepal, the deed of transaction shall be caused to be certified within six months from the date of his return.

(4) Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2080.While certifying a deed pursuant to Sub-section (3) or (3a), the office of the Local Level or Ward Committee of the Local Level may charge a fee up to a maximum of two hundred rupees.

(5) A deed that does not fulfill the formalities according to this Section shall not be enforceable by a court. Deleted by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2080.λ

(6) The office of the relevant Local Level or Ward Committee of the Local Level shall certify and maintain records of deeds pursuant to this Section. 37. Identification Details to be Mentioned in Deed: (1) When preparing deeds referred to in Sub-section (2) of Section 29, the deed shall be prepared in such a way that the clear identification of the main party concerned relating to the deed is disclosed.

(2) While disclosing identification pursuant to Sub-section (1), the three-generation details including father, mother, grandfather, grandmother and oneself, name of husband or wife, citizenship number, age, date and district of issuance of citizenship, permanent residence address and, if residing temporarily, such address as well, and if a foreign citizen, details of his citizenship, passport number, country issuing the passport and date of issuance of passport, his address, email address, phone number shall be mentioned.

(3) When causing a deed to be made by keeping a guardian or curator present pursuant to this Chapter, the name, surname, residence, citizenship number of the guardian or curator, and if a foreign citizen, his passport number, country issuing the passport and date of issuance of passport, email address and telephone number shall be mentioned. 38.
Muluki Civil Procedure Code, 2017

38. Details of Corporate Body to be Mentioned: (1) When making or causing to make any deed on behalf of a corporate body, details disclosing the clear identification of such body, registration number and place of the registered or principal office shall be mentioned, and a person authorized by the decision of its board of directors shall sign/thumbprint the deed pursuant to this Chapter.

(2) When signing/thumbprinting pursuant to Sub-section (1), the person signing/thumbprinting on behalf of such body shall not be required to affix or cause to affix a thumbprint. Provided that after Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.signing, the seal of such body shall be affixed.

(3) Notwithstanding anything written in Sub-section (2) of Section 37, in a deed where the corporate body is the party concerned, the three-generation details need not be mentioned. 39. Signature Sufficient: (1) Notwithstanding anything written elsewhere in this Chapter, when a public officer Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.signs any deed in

५४. संरक्षक वा माथवरले फिराद गर्न पाउने : Notwithstanding anything contained in Section 52 or 53, if a person is a minor or a person of unsound mind, and there is a guardian or curator of such person according to law, such guardian or curator may file a plaint within the limitation period under this Chapter.

५५. हदम्याद स्थगन नहुने : Where there are persons who are required to file a plaint jointly, the limitation period shall not be suspended in respect of any person other than a minor or a person of unsound mind.
Muluki Civil Procedure Code, 2017

Provided that if a case is filed in the District Court under Section 25, the same procedure shall apply.

६२. हदम्याद सम्बन्धी अवधिको गणना : (1) If the limitation period is specified in terms of days, it shall be computed as the exact number of days specified.

(2) When computing days under subsection (1), the counting shall begin from the day following the day on which the limitation commences, and the limitation period shall be established accordingly.

(3) If the limitation period is specified in months, it shall be computed on a month-to-month basis according to the calendar month (Sakranti), regardless of the number of days in each month, for the specified number of months.

(4) If the limitation period is specified in years, a period of twelve months shall be considered one year, and it shall be computed for the specified number of years. Chapter-6
Provisions Relating to Court Fee

६३. अदालती शुल्क लाग्ने : (1) Court fee shall be chargeable when filing a plaint or a petition of appeal in court, or when filing a counterclaim in court.

(2) In addition to the matters mentioned in subsection (1), court fee shall be payable if an order is made to review a case or to retry a case upon a petition filed for review or retrial. Explanation: For the purposes of this Chapter, "court fee" means the fee charged when filing a plaint or an appeal, or when filing for review or retrial of a case, and the said term also includes the fee payable by a person filing a counterclaim for such counterclaim.

(3) Notwithstanding anything contained in subsection (1) or (2), no court fee under this Chapter shall be chargeable in a case in which the Government of Nepal, or a Provincial Government, or a Local Level is the plaintiff, or in a case which is to be proceeded with by a body designated by the Government of Nepal by notification in the Nepal Gazette.

६४. अदालती शुल्क दाखिला नगरी मुद्दाको कारबाही हुन नसक्ने : मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । (1) Without depositing the court fee chargeable under this Chapter, no proceeding shall be conducted on a plaint or petition of appeal filed in court, a counterclaim made, or a petition filed for review or retrial of a case.

(2) Except as otherwise provided in this Chapter, a plaint, petition of appeal, or a case filed for review or retrial registered without depositing the court fee shall be dismissed.

६५. अदालती शुल्क नलिई मुद्दा
Muluki Civil Procedure Code, 2017

हेरिन सक्ने : (1) Notwithstanding anything contained in Section 64, in any of the following circumstances, the judge may, by making a note with reasons, order the registration of a plaint, petition of appeal, or counterclaim, or order the hearing of a case on review or retrial, on the condition that the court fee, in whole or in part, shall be paid later:

(a) If, upon inquiry into a petition filed in court by the person liable to pay the court fee stating that his financial condition is extremely weak and he is unable to pay the whole or part of the court fee, there are reasonable grounds to believe it;

(b) If a person liable to pay the court fee has no property other than the property involved in the case and is unable to deposit the court fee, and a recommendation to that effect has been received from the concerned Local Level, or if a petition of the same nature from such person is received in court and upon inquiry there are reasonable grounds to believe it.

(2) If an order is made by the judge under subsection (1) that the court fee shall be paid later in whole or in part, the concerned employee shall clearly record how much court fee has been collected and how much remains to be collected, and keep a record thereof along with the case file.

६६. सम्पत्तिको मूल्य वा बिगो खुलाउनु पर्ने : (1) When filing a plaint, the value or amount in dispute of the property claimed or sought to be relinquished shall be clearly stated in cash.

(2) In cases other than those mentioned in subsection (1), if a plaint claims only that a person has not done what he ought to have done, or has done or is about to do what he ought not to have done, such claim shall also be clearly stated in the plaint.

(3) If a plaint is filed with a claim under subsection (2) and it later becomes necessary to make a decision awarding the value or amount in dispute, the court shall, before making such decision, require the person filing the plaint to deposit the court fee according to such value or amount in dispute.

६७. मूल्य वा बिगो कायम गर्ने आधार : For the purpose of depositing court fee, the value or amount in dispute of immovable property under Section 66 shall be determined on the basis of the following order of priority:

(a) The fee determined by the Land Revenue Office for registration purposes;

(b) If any value has been determined under prevailing law for tax purposes, such val
Muluki Civil Procedure Code, 2017

ue;

(c) The prevailing local market price.

६८. अदालती शुल्क लिँदा आधार लिइने मूल्य वा बिगो : The court shall levy court fee on the basis of the following values or amounts in dispute:

(a) In cases where a sum of money is to be adjudged or a claim is to be relinquished, the amount that is to be adjudged or relinquished;

(b) In cases where gold, silver, gems or jewellery are to be delivered or a claim is to be relinquished, the amount arrived at according to the rate fixed by Nepal Rastra Bank, and if no such rate is fixed, the amount arrived at on the basis of the prevailing market price;

(c) In cases where movable property other than that mentioned in clause (b) is to be delivered or a claim is to be relinquished, the amount arrived at on the basis of the prevailing market price of such property;

(d) In cases where securities or debentures are to be delivered or a claim is to be relinquished, the value fixed by the securities market;

(e) In the case of movable property where the prevailing market price under clause (c) is not ascertainable, the amount of value or amount in dispute fixed by the plaintiff;

(f) In cases where the income from land is claimed, the amount of inco me of the previous year in which no disaster occurred;

(g) In cases where immovable land is claimed as a substantive right or a claim of right is to be relinquished, the amount of value and amount in dispute fixed and brought by the plaintiff under Section 66;

(h) In cases where it is claimed that the income from land affected by disaster was not remitted, the amount claimed to be remitted;

(i) In cases where remission other than income from land is claimed, the amount claimed to be remitted;

(j) In cases where a claim is made regarding Guthi, Mahantai, Pujari, Bhandare, etc., or a claim is to be relinquished, or a claim is made for release from such work, the amount derived from the balance of the Guthi's income receivable for management, and for other claims, the amount of the leased land or the amount in dispute, and if the land is not leased, the amount of one year's net income;

(k) In cases where a claim is made regarding lease money or a claim is to be relinquished, the amount of lease money for the number of years claimed, and if only loss of income is claimed, the amount of loss of income claimed;

(l) In the case of immovable property under mortgage, the amount in dis
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pute mentioned in the deed;

(m) In cases where an account settlement or handover of accounts is required, the amount in dispute shown by the debtor;

(n) In cases where salary, allowance or installment is claimed, the amount of such claim;

(o) In cases where wages, labour charges, loss, or damages are claimed, the amount of such claimed value;

(p) In cases where principal, profit, dividend, bonus, gift, interest, rent of house or shop, or any property is claimed, the amount of such property;

(q) In cases where any compensation is claimed, the amount so claimed;

(r) In cases where a claim is made for performance or payment according to a contract, the amount claimed to be performed or paid.

६९. अदालती शुल्कको दर : When filing a plaint, court fee shall be charged at the following rates on the amount of value or amount in dispute claimed or sought to be relinquished under Section 68:

(a) For the first twenty-five thousand rupees: five hundred rupees;

(b) For amounts up to fifty thousand rupees: at the rate of five percent on the next twenty-five thousand rupees;

(c) For amounts up to one lakh rupees: at the rate of three point five percent on the next fifty thousand rupees; (d) For amounts up to five lakh rupees: at the rate of two percent on the next four lakh rupees;

(e) For amounts up to twenty-five lakh rupees: at the rate of one point five percent on the next twenty lakh rupees;

(f) For amounts exceeding twenty-five lakh rupees, whatever the amount: at the rate of one percent on the excess amount.

७०. एकमुष्ट अदालती शुल्क लाग्ने : (1) Notwithstanding anything contained in Section 69, a lump sum court fee of five hundred rupees shall be chargeable on the following subjects and cases related thereto:

(a) Registration of land or name transfer, or cancellation of such registration or name transfer;

(b) Claim on receipt and voucher;

(c) Claim for delivery of documents such as deed, account paper, surety bond, undertaking voucher, etc.;

(d) Claim for eviction of a person occupying a house or land, or that such person should not be evicted;

(e) Claim regarding construction of a dam, canal or watercourse, or regarding denial of water from them, or taking water by violating the order of turns;

(f) Claim regarding opening or closing of an exit, window or door, or regarding placing, adding or closing a window, door or balcony;

(g) Claim for issuan
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ce of an injunction or mandatory order to refrain from doing or causing to do any act, or to cause to do any act, or cancellation of such order;

(h) Determination of full capacity, partial capacity or incapacity of any person;

(i) Divorce;

(j) Determination of relationship;

(k) Claim for a judicial declaration regarding the death of any person, or cancellation or amendment of such judicial declaration;

(l) Claim for initiating or not initiating account settlement proceedings;

(m) Appointment or removal of a Guthi operator;

(n) Appointment or removal of a guardian;

(o) Appointment or removal of a curator;

(p) Claim for usufruct or its cancellation:

Provided that if a value is mentioned, court fee shall be charged on the basis of such value.

(q) Claim for maintenance or its cancellation.

(2) Notwithstanding anything contained in subsection (1), a lump sum court fee of one thousand rupees shall be chargeable on the following cases:

(a) Claim for ascertaining or awarding the share of property subject to partition;

(b) Cancellation of a deed or document.

(3) In disputes arising from any other contract where the amount in dispute is not disclosed, beyond those mentioned in subsections (1) and (2), a lump sum court fee of two thousand five hundred rupees shall be chargeable.

७१. अदालती शुल्क लिने सम्बन्धी विशेष व्यवस्था : (1) Notwithstanding anything contained in Section 70, court fee shall be chargeable in the following cases as follows:

(a) If, from the plaintiff's or appellant's contention, the right to any property is to be determined, according to Section 68;

(b) In a partition case, if the list of property is not filed with the plaint but is filed with the written statement, or if the amount in dispute is determined according to the list requested by the court, according to such amount in dispute;

(c) If a plaint is filed claiming both principal and interest, on the amount of interest up to the date of filing the plaint;

(d) If a decision is made after judgment awarding interest as well, on the interest arising under law from the date of filing the plaint until the execution of the judgment.

(2) Notwithstanding anything contained in subsection (1), in any case where the value or amount in dispute is disclosed, court fee shall be chargeable on the basis of such value or amount in dispute as mentioned in other sections of this Chapter; and
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In any other case where the value or amount in dispute is not disclosed, subject to Section 70, court fee of one thousand rupees shall be chargeable.

७२. मुद्दा परेको अघिल्लो दिनको मूल्य कायम गर्ने : For the purpose of levying court fee under this Chapter, when determining the value of any property, in the case of immovable property, the value shall be determined according to Section 67; and in the case of other property, the value shall be determined on the basis of the value of the day immediately preceding the day on which the plaint is filed under this Chapter.

७३. पुनरावेदन गर्दा लाग्ने अदालती शुल्क : (1) In a case where the value or amount in dispute is disclosed, when filing an appeal at any level, additional court fee shall be chargeable at the rate of fifteen percent of the court fee chargeable at the time of registration of the plaint for the extent to which the appellant is aggrieved and files the appeal.

(2) In a partition case where the amount in dispute is not disclosed, when filing an appeal at any level, court fee equal to that charged at the time of registration of the plaint shall be chargeable.

(3) If an appeal is filed in the second-level court against the appellate judgment rendered by the court hearing the first-level appeal, court fee shall be chargeable at an additional rate of fifteen percent of the court fee chargeable at the time of registration of the plaint for the extent to which the appellant is aggrieved and files the appeal.

७४. पुनरावलोकन वा मुद्दा दोहोऱ्याई हेर्दा लाग्ने अदालती शुल्क : If an order is made for review or retrial upon a petition filed for review or retrial of a case under law, court fee shall be chargeable at an additional rate of ten percent of the court fee chargeable at the time of registration of the plaint for the extent to which the petitioner is aggrieved and has sought review or retrial on that point.

७५. फैसला बमोजिम लागेको अदालती शुल्क र दण्ड जरिबाना दाखिला गर्नु पर्ने : (1) When a party files an appeal against the judgment of the trial level, or when filing an appeal in the court hearing the second-level appeal against the appellate judgment rendered by the court hearing the first-level appeal, the party shall deposit the court fee adjudged under the judgment to be paid by him to the other party.

(2) When a party files a petition for review or retrial under law, he shall deposit the court fe
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Provided that in the case of a case being struck off, if it appears from the contents of the plaint itself that the plaint was registered even though it was not able to be registered, the court fee collected for such case shall be refunded.

(6) If a case that has been compromised, dismissed or struck off in accordance with the procedure of law is revived and proceeded with in any manner upon a complaint of a party, the person upon whose complaint the case is revived shall again deposit in the court where the case is pending the court fee chargeable under this Chapter.

८३. अदालती शुल्क भराई दिने : (1) In a case where court fee is chargeable, the winning party may recover the court fee paid by him from the losing party under the judgment.

(2) When recovering court fee under subsection (1), if there is more than one defendant or respondent, the court fee shall be recovered from each such person in proportion to the amount in dispute for which each is adjudged liable to pay; in matters where a right or claim is to be relinquished or surrendered, the court fee shall be recovered from as many persons as are required to relinquish or surrender such right or claim in equal proportion; and in other circumstances, the court fee shall be recovered proportionately from as many defendants or respondents who have lost.

(3) In a case where a plaint is registered without paying the whole or part of the court fee, if the plaintiff or appellant is adjudged to have won, the court fee so adjudged shall be recovered from the other party in the nature of a fine or penalty.

(4) If the plaintiff or appellant has claimed on more than one subject, he shall be entitled to recover the court fee chargeable only for the number of subjects on which the claim is decreed, from the other party.

(5) In a case filed without paying the whole or part of the court fee, if the plaintiff or appellant loses the case, the chargeable court fee shall be recovered from him.

(6) If a judgment is rendered under this section that the plaintiff or appellant is entitled to recover court fee, and the defendant or respondent dies before such recovery, such court fee may be recovered from the person taking the estate of the deceased.

(7) When a case filed for appeal, review or retrial is decided, if the appellant or petitioner wins in part or in full, he shall be entitled to recover the court fee adjudged for the portion won from the respondent.

८४. अदालती शुल्कलाई प्राथमिकता दिई भराउनु पर्ने : When recovering or collecting the amount in dispute, fine, penalty, court fee and other charges or fees under a judgment, the court shall first recover or collect the court fee.
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106. Service of summons in court itself: (1) Notwithstanding anything contained in section 105 or 107, the process server may serve summons issued in the name of the following persons by delivering it to such person in the court itself:-
(a) if the person is an employee or officer of the relevant court, when he/she is present in the court,
(b) if the person is a party who is on a date in another case in the relevant court, when such party is present in the court,
(c) if the person is a representative representing any party in any case pending in the relevant court, when appearing in court in such representation,
(d) if the person is a legal practitioner appearing in the relevant court in the course of legal practice, when appearing in court in the course of such practice,
(e) if the person is a person appearing as a witness, when appearing in court in that capacity.

(2) If the process server brings the summons to be served to a person mentioned in subsection (1) at the time when such person is present in the relevant court, that person shall accept it.

(3) If any person states that the summons brought for service pursuant to subsection (2) cannot be accepted, the process server shall immediately submit a report thereof to the court.

(4) If the contents of the report received pursuant to subsection (3) appear reasonable, the court shall, in respect of such person, issue an order prohibiting him/her from representing as a representative, taking dates, practicing law, or giving testimony as a witness in that court until he/she accepts the summons issued from the court. 107. Summons deemed to be served: (1) A summons issued by the court shall be deemed to have been served if it is delivered to the concerned person at any place or at his/her address in accordance with this Chapter, or if the person is informed thereof by any other means by which a record may be made pursuant to this Code as amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075..

(2) Notwithstanding anything contained in subsection (1), if the person receiving the summons appears in court and applies to accept the summons himself/herself, the summons shall be served on him/her in the court itself, and such service shall be deemed to have been duly made. 108.