Muluki Civil Procedure Code, 2017

If the court fee cannot be so deposited, or if the amount of the bank guarantee cannot be recovered by the court, such case shall be dealt with under Section 64.

(4) If court fee is deposited in court under subsection (1), the concerned employee shall record the receipt in the cash book and prepare three copies of the receipt in due form, deliver one copy to the person depositing the court fee, and place another copy in the relevant case file.

७७. नपुग अदालती शुल्क दाखिला गर्न लगाउने : (1) If, at the time of registration of a plaint or petition of appeal, or from the contents of the plaint or petition of appeal, it appears that the court fee deposited is less than the court fee chargeable under this Chapter, the court shall immediately require the concerned person to deposit the deficit court fee.

(2) If a person is unable to deposit the deficit court fee immediately under subsection (1) and requests time, the court shall grant time to the concerned person to deposit the deficit court fee within the remaining period of the final limitation for filing the plaint or petition of appeal, if such remaining period is seven days or more; and if the remaining period is less than seven days, the court shall grant time of seven days.

(3) If, after the registration of the plaint or petition of appeal, it comes to the notice of the court in any manner that court fee has been collected or paid less than the amount chargeable under this Chapter, or if a complaint is received in that regard and upon inquiry the matter appears reasonable, and if the party is present on the date fixed, the court shall fix a date for the party to deposit the deficit court fee within seven days; and if the party is not present on the date fixed, the court shall issue a notice for seven days to deposit the deficit court fee.

(4) If the party does not deposit the court fee within the period granted under subsection (3), such case shall not be proceeded with, heard and disposed of by the court.

७८. बढी अदालती शुल्क फिर्ता गर्नु पर्ने : (1) If it comes to the notice of the court during the course of proceedings, upon a petition of the party or from other information, that excess court fee has been collected from a party, the court shall refund the excess court fee to the concerned party within three months from the date of the petition or the date it came to notice.

(2) If it comes to the notice in any manner after the final judgment of a case that excess court fee has been deposited, the concerned party may file a petition in the relevant court to obtain a refund of such court fee.

(3) If, upon inquiry into the petition received under subsection (2), the petitioner's claim appears reasonable, the court shall refund such court fee to the petitioner within three months from the date of the petition.

७९. अदालतले तोकेको अदालती शुल्क उपर उजुरी दिन सक्ने : (1) A person aggrieved by the court fee determined by the court under this Chapter may, if the court fee has not been deposited, file a complaint before the same judge of that court within three days; and if the court fee has been deposited, may file a complaint before the final judgment in the case.

(2) If, upon inquiry into the complaint received under subsection (1), it appears that excess court fee has been collected, the concerned judge shall order the refund of the excess court fee and shall order departmental action against the employee who knowingly collected the excess court fee.