Muluki Civil Procedure Code, 2017

Chapter-1

Preliminary

1. Short Title and Commencement: (1) The name of this Act is "Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Code, 2075.Muluki Civil Procedure Code, 2074".

(2) This Code shall commence from the 1st day of Bhadra of the year 2075. 2. Definitions: Unless the subject or context otherwise requires, in this Code,-

(a) "Court" means the Supreme Court, High Court or District Court, and the word also includes any other court, judicial body or officer authorized to conduct proceedings, hearings and disposal of a particular type of civil cases.

(b) "Law" means the law in force for the time being.

(c) "Endorsement of refusal to register" means an order made by the concerned officer on the face of a document that cannot be registered according to law, stating the ground and reason for non-registration, and signed by him, on the same document, any other part thereof, or on a separate paper.

(d) "Civil Case" means a case relating to legal rights, duties, status, position, family relationship or property other than those defined as criminal cases according to law, and the word also includes the following subjects and cases relating thereto:-

(1) Establishment of relationship or dissolution of relationship,
(2) Fees, remuneration, salary, allowance or wages,
(3) Share, inheritance, gift endowment, guardianship, curator, maternal and paternal authority, adopted son or adopted daughter,
(4) Any right or claim under any contract, quasi-contract or unjust enrichment,
(5) Right or claim relating to tort, quasi-tort or defective product,
(6) Easement,
(7) Compensation,
(8) Any other matter of a civil nature.

(e) "Judge" means an officer of the court conducting the proceedings, hearing and disposal of a case, and the word also includes an officer authorized to conduct proceedings, hearing and disposal of a civil case.

(f) "Appeal Petition" means a petition submitted to a higher court, together with one's own contention, for the correction of a decision of a lower court with which one is dissatisfied.

(g) "Written Statement" means a written reply submitted to the court accepting or denying the claim made in the plaint, and the word also includes a statement equivalent to a written statement.

(h) "Counterclaim" means a claim made by the defendant against the claim made by the plaintiff.

(i) "Defendant" means a person submitting a written statement, and the word also includes a person making a statement equivalent to a defendant or a person deemed a defendant by the court.

(j) "Plaint" means a complaint, suit, claim or petition submitted demanding the establishment of one's right, interest or concern in any matter or the enforcement of a claim, and the word also includes a statement equivalent to a plaint or a counterclaim mentioned in the written statement.

(k) "Record (Misil)" means the file relating to a case, comprising the plaint, written statement, appeal petition, petition and evidence and other documents collected and kept in the court.

(l) "Case" means a civil case.

(m) "Summons" means a notice or summons issued by the court in the name of any person in the course of a case.

(n) "Person" means a natural person, and the word also includes a legal person.

(o) "Plaintiff" means a person filing a plaint.

(p) "Local Level" means a Rural Municipality or Municipality.

(q) "Property" means movable or immovable property.