Muluki Civil Procedure Code, 2017

242. Procedure for recovering the amount: (1) In the course of recovering the amount as per the judgment, if the party entitled to recover the amount is present on the date fixed under section 235, the court shall obtain a statement from such party as to whether they wish to recover the amount or not.

(2) When obtaining a statement under subsection (1), if the party entitled to recover the amount does not wish to do so, the court shall, after explaining the consequences arising from not recovering the amount, conclude the matter relating to execution of the judgment on the same day and strike off the record of the amount.

(3) When obtaining a statement under subsection (1), if the party entitled to recover the amount wishes to do so and the party liable to pay the amount is present, the court shall grant such party a period of up to thirty-five days to pay the amount due under the judgment.

(4) Within the time granted under subsection (3), the party liable to pay the amount must deposit the amount corresponding to the recovery in court by cash, a good-for-payment cheque issued by a bank, or any other means.

(5) Notwithstanding anything written in subsection (4), the party liable to pay the amount may request the court to recover the amount from any of their property.

(6) If the party liable to pay the amount does not appear in court, or, even if appearing, fails to pay the amount within the time under subsection (3), does not show property under subsection (5), or if the amount cannot be recovered from the property so shown and the party entitled to recover does not consent, the party entitled to recover may file an application in court showing other property of the party liable to pay, seeking recovery of the amount from such property.

(7) When recovering the amount under this section, if any property needs to be attached, the court shall attach such property and, if necessary, auction sell such property as well, and cause the amount to be recovered.

(8) If, when auctioning property under subsection (7), an amount greater than the recovery amount is obtained, the court shall immediately refund such excess amount to the party liable to pay, if present.

(9) If the relevant party fails to receive the amount under subsection (8), the court shall deposit such amount in the deposit account.

(10) If the relevant person does not come to receive the amount deposited in the deposit account under subsection (9) within one year, such amount shall be confiscated to government revenue.

(11) If the property from which the amount is to be recovered is located in another district, the court shall send a letter to the relevant court for recovery.

(12) Upon receiving a letter under subsection (11), the relevant court shall also recover the amount under this section and provide information thereof to such court.

(13) Notwithstanding anything written elsewhere in this section, if the person entitled to recover the amount discovers property that has been concealed or hidden by the person liable to pay the amount and brings it while the latter is still alive, the court shall auction such property and pay to such person an amount up to the recovery amount due.

(14) For providing recovery of the amount under this section, the court shall collect a fee of three percent of such amount from the person receiving the recovery.

(15) In connection with recovering the amount of any person under this section, if the party by whom the amount is to be paid files an application in court for the facility to pay the full or remaining amount in installments by submitting a bank guarantee from a commercial bank, and if the relevant party entitled to recover the amount consents thereto, the court may allow recovery of such amount in installments.