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

They shall write their own names and affix their signatures on such minutes, prepare three copies of the measurement/survey map, write their name, surname, and designation on such maps as well, affix their signatures, provide one copy each to the parties to the case obtaining a receipt, and submit the remaining one copy of the map, receipt, and minutes to the court to be included in the relevant case file.

(5) If, during measurement, inspection, or survey pursuant to Sub-section (3), the parties are not present, or being present do not agree to sign the map and minutes, or in a case where the parties were not present on the specified date, the measurement, survey, or inspection shall be carried out in the presence of the other persons mentioned in Sub-section (4), and the deputed employee shall prepare a note stating that the party was not present or, being present, did not sign. The employee shall have their own signature and the signature of at least one representative of the local level affixed, and submit such map and minutes to the court to be included in the case file.

(6) If, in cases where a representative of the local level is required to be present pursuant to this Section, the representative does not appear despite being notified, the measurement, inspection, or survey conducted after completing other procedures shall not be deemed invalid solely due to their absence.

(7) Measurement, inspection, or survey not conducted in the manner prescribed by this Section shall not be admissible as evidence.

(8) If, while conducting measurement, survey, or inspection of any immovable property pursuant to this Section, an employee deputed by the court is found to have conducted the measurement, survey, or inspection maliciously, resulting in a deviation from the actual or true state of such immovable property, such employee shall be liable to a fine of up to ten thousand rupees and shall also be subject to departmental action. 178.
Muluki Civil Procedure Code, 2017

178. To be able to conduct spot inspection: (1) If the subject matter of the case is complex and it appears impossible to present such subject matter physically before the court, or if direct observation or inspection of the object submitted as evidence, the subject of the dispute, or the place where the immovable property is situated appears necessary, the court shall pass an order stating the reason therefor.

(2) If an order for observation or inspection is made pursuant to Sub-section (1), for that purpose, the judge themselves, or a technical or other employee specified by the court's order, shall conduct the observation or inspection of such object, subject, or place, fixing a date for going in advance.

(3) If a technical or other employee has conducted the observation or inspection of such object, subject, or place pursuant to Sub-section (2), such employee shall prepare a report on matters relevant to the subject matter of the case and submit it to the court. Chapter-16

Provisions Relating to Examination of Witnesses

179. Party to produce witnesses: (1) The party to the case must themselves produce the witnesses mentioned as evidence on the date fixed by the court for their examination.

(2) Witnesses not present on the date fixed pursuant to Sub-section (1) cannot be examined.

(3) Notwithstanding anything contained in Sub-section (1) or (2), if on the date fixed for producing witnesses, a witness cannot be produced in court due to circumstances mentioned in Section 225, clause (c) or (e), and a petition is submitted within seven days, excluding travel time, from the date the route became clear, attaching a recommendation from the concerned local level or any government body regarding the occurrence of such circumstance, requesting another date to be fixed, the court shall, within seven days of receiving such petition, fix another date for the examination of the witness. 180. Witness may be summoned and examined by the court: (1) Notwithstanding anything contained in Section 179, in a case involving the Government of Nepal or public rights, interests, or concerns, the court shall, by order, issue a summons for a witness whose examination is indispensable to appear in court within fifteen days.

(2) If a summons is issued pursuant to Sub-section (1), such witness must appear in court within the period specified by the court.

(3) When issuing a summons in the name of a witness pursuant to this Chapter, it shall be issued in the format according to Schedule-14. 181.
Muluki Civil Procedure Code, 2017

181. Employee may be deputed to examine witness: (1) If a witness is unable to appear in court due to physical illness, and any party to the case files a petition in court to go to the witness's place of residence to examine them, and if such reason appears reasonable, the court shall pass an order to examine the witness as requested in the petition.

(2) In case an order is made pursuant to Sub-section (1), the court shall either have the judge go to the place where the witness resides or depute an employee to examine or cause the examination of the witness.

(3) The expenses incurred for the judge or court employee going to examine the witness pursuant to Sub-section (2) shall be borne by the person filing the petition. 182. To be able to examine witness through audio-visual communication (video conference): (1) Notwithstanding anything contained elsewhere in this Chapter, if any party to the case files a petition in court stating that a witness is unable to appear in court due to extreme old age, physical disability, illness, or residing outside Nepal, and requests the examination of such witness through audio-visual communication, and if the court finds such reason reasonable, it may order the examination of such witness through audio-visual communication.

(2) In case an order is made pursuant to Sub-section (1), the concerned party must produce such witness at the date and place specified by the court for the examination through audio-visual communication.

(3) The court shall consider a witness appearing through audio-visual communication as equivalent to a witness present in court and shall examine or cause the examination of the witness accordingly.

(4) When causing the examination of a witness pursuant to Sub-section (3), the court shall record in writing the deposition of the witness given through audio-visual communication and the details of the audio-visual communication, and file it.

(5) The minutes of the record of the examination of a witness through audio-visual communication shall be prepared by the court according to Schedule-15.

(6) The expenses incurred for examining or causing the examination of a witness pursuant to this Section shall be borne by the party filing the petition for examination through audio-visual communication. 183. To fix the day for examination of witnesses on the date fixed for the parties: (1) Except in the situations under Section 181 or 182, when examining witnesses, the court shall fix the day for examination of witnesses on the same day that is fixed for the parties to appear.

(2) When examining a witness, a deposition of the statements made by the witness shall be prepared, their signature affixed, and it shall be filed. 184.
Muluki Civil Procedure Code, 2017

184. Oath to be taken: When appearing in court to give testimony, a witness shall take an oath before the judge in the format of Schedule-16, proclaiming to state the truth. 185. Examination of witness to be conducted by the judge: (1) The examination of a witness shall be conducted by the judge in whose bench the case is presented.

(2) When conducting examination pursuant to Sub-section (1), the judge may take the assistance of employees necessary for recording the deposition and examining the witness. 186. Examination of witness to be completed on the fixed date: (1) Except in the situations under Section 181 or 182, the court must complete the examination of all witnesses present in court on the date fixed for the examination of witnesses.

(2) If it is not possible due to lack of time to complete the examination of all witnesses on the same day pursuant to Sub-section (1), the court shall, stating the reason therefor, fix a date for the witnesses and parties for the examination of witnesses on the following day. Explanation: For the purposes of this Section, "the following day" shall mean the first day the court opens immediately after the day the examination of witnesses was conducted. 187. Deposition to be certified: (1) When examining a witness in court, the judge shall ask questions on the matters the witness is required to clarify in the case, and shall record in the deposition the details of such questions, the answers given by the witness, and any cross-examination conducted according to law.

(2) After the details pursuant to Sub-section (1) are recorded, the witness shall be asked whether they have anything left to state on any matter; if there is, they shall be allowed to state such matter as well, and such matter shall be recorded in the deposition. The judge shall certify the deposition document by mentioning that the examination of the witness was conducted in the presence of the witness and the parties or their representatives present, and having all such persons affix their signatures.

(3) If any or all of the witness, parties, or representatives fail or refuse to sign the deposition document prepared pursuant to Sub-section (2), the judge conducting the examination shall note the same, certify such fact, and place it in the case file of the concerned case.

(4) The deposition of a witness shall be taken in the format according to Schedule-17. 188.
Muluki Civil Procedure Code, 2017

188. To certify stating reasons: If, during examination, the concerned witness does not answer a question asked by the judge, refuses to answer, or gives an answer on an unrelated subject instead of answering the question asked, the judge shall state the reason for this and certify it pursuant to Section 187. 189. To be able to conduct commission for examination of witness: (1) Notwithstanding anything contained elsewhere in this Chapter, if a witness to be examined resides in another district and due to their physical condition cannot be produced before the court where the case is pending to give testimony, and the concerned party files a petition before the court requesting examination through a commission, and if such reason appears reasonable, the court may order the examination of the witness through a commission.

(2) If a witness is to be examined through a commission pursuant to Sub-section (1), the questions to be asked to such witness shall be prepared in the format of Schedule-18, certified by the judge, and sent to the District Court of the district where the witness resides, and such questions may also be sent through electronic means.

(3) If an order to conduct a commission is made by the court pursuant to Sub-section (1), a date shall be fixed for the parties to the case to appear before the court conducting the commission accordingly, and information thereof shall be given to that court.

(4) Upon receiving the commission pursuant to Sub-section (2), that court shall, following the procedures under this Chapter as if the case were filed in its own court, conduct the examination of the witness produced by the concerned party under Sub-section (1) of Section 179. It shall prepare a deposition of the answers to each question of the commission, complete the procedure under Section 187 or 188 on the deposition document, have the person affix their signature, and send it to the concerned district court within three days.

(5) If the person who is to be examined through commission pursuant to Sub-section (4) does not appear, that court shall state the same and send it back to the court that sent the commission.

(6) When sending a commission to the concerned court pursuant to Sub-section (4), the parties or their representatives in such case shall be informed thereof, a date shall be fixed for them to appear before the court where the case is pending, and they shall be sent accordingly. Chapter-17

Provisions Relating to Hearing and Judgment of Cases

190.
Muluki Civil Procedure Code, 2017

Chapter-17

Provisions Relating to Hearing and Judgment of Cases

190. To be able to pass judgment on agreed matters: (1) After the written statement is filed, on the date fixed for the appearance of the plaintiff and the defendant, the court shall study the plaint, written statement, and all documents filed in the presence of both parties. If any matter is unclear, necessary inquiries shall be made with the plaintiff and defendant regarding such unclear matter.

(2) Upon studying or making inquiries pursuant to Sub-section (1), the court shall ascertain the points on which the parties agree or disagree.

(3) Upon ascertainment pursuant to Sub-section (2), if it appears that the defendant has admitted the plaintiff's claim, the court may pass judgment on such case immediately. 191. To be able to conduct pre-hearing conference of plaintiff and defendant: (1) If the court deems it reasonable to hold a pre-hearing conference of the plaintiff and the defendant to ascertain the issues to be adjudicated in a case, it may, stating the reason, order such conference to be held.

(2) In case an order is made pursuant to Sub-section (1), the court shall fix a date for the parties for that purpose and conduct such conference.

(3) The plaintiff, defendant, and their legal practitioners may be present in the conference pursuant to Sub-section (2).

(4) In the conference pursuant to Sub-section (2), the plaintiff and defendant may submit evidence supporting or rebutting their claim or defense, and may present their claim or contention to ascertain the issues to be adjudicated by the court.

(5) After the issues to be adjudicated are ascertained from the conference pursuant to Sub-section (2), if it appears necessary to take additional evidence on such matters beyond the evidence already taken under Chapter-15, the court shall order such evidence to be taken.

(6) In case a conference of the plaintiff or defendant is held pursuant to this Section, the court shall prepare a record thereof and attach it to the case file.

(7) Omitted by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075 (2018)

192.
Muluki Civil Procedure Code, 2017

Hearing to be conducted after completion of evidence taking: (1) After the process of taking evidence is completed, the court shall, generally within one month, hear the case and make a decision.

(2) When conducting a hearing pursuant to Sub-section (1), the parties to the case may argue in support of their claim or defense, either themselves or through a legal practitioner or representative appointed by them.

(3) When conducting a hearing pursuant to Sub-section (1), if the court orders the submission of written notes of argument to clarify additional points in the case, the party to the case themselves, or their appointed legal practitioner or representative, must submit the written notes of argument within the time specified by the court. 193. Opportunity for compromise to be given: (1) If the parties wish to compromise a case pending in court at any stage, they may submit a joint petition in court stating the same.

(2) If a petition for compromise is submitted pursuant to Sub-section (1), the court must explain the contents, meaning, and consequences of such petition to the concerned parties.

(3) If, even after the explanation pursuant to Sub-section (2), the parties to the case agree to compromise, the court shall have three copies of a draft compromise prepared.

(4) If, upon hearing the contents of the compromise prepared pursuant to Sub-section (3), the parties agree to the compromise, the signatures of both parties shall be affixed on the compromise document, the judge shall certify that the compromise was made in their presence, one copy shall be placed in the relevant case file, and one copy each shall be given to the plaintiff and the defendant.

(5) Where a compromise is made pursuant to Sub-section (4), no complaint shall lie on the ground of dissatisfaction with the compromise, except regarding matters concerning non-compliance with the terms of the compromise.

(6) Where a compromise is made pursuant to Sub-section (4), if as a consequence thereof, deposit cancellation, name transfer, registration, or subdivision of immovable property is required to be done according to the compromise, the court which facilitated the compromise shall, within three days of the compromise, send a letter to the concerned office to carry out the work as per the compromise.

(7) Upon receiving a letter pursuant to Sub-section (6), the concerned office must implement it within three days. 194.
Muluki Civil Procedure Code, 2017

194. To be able to settle dispute through mediation: (1) If the parties so wish, they may jointly file a petition in the court where the case is pending at any stage to settle the dispute through mediation.

(2) Upon the filing of a petition pursuant to Sub-section (1), if the dispute appears amenable to resolution through mediation, the judge hearing the case shall order that the case be settled through mediation.

(3) Notwithstanding anything contained in Sub-section (1) or (2), if it appears to the court that a case pending before it is suitable for resolution through mediation, and the parties agree to enter the mediation process, the court may order the resolution of such case through mediation.

(4) In case an order is made pursuant to Sub-section (2) or (3), the process of settling the case through mediation according to law shall be initiated.

(5) When following the procedure pursuant to Sub-section (4), if the case is resolved, the parties shall submit a petition to the court stating the same.

(6) Upon receipt of a petition pursuant to Sub-section (5), the court shall have the parties enter into a compromise.

(7) The provisions of Sub-sections (3), (4), (5), and (6) of Section 193 relating to compromise shall apply, with necessary modifications, to the case resolved through mediation pursuant to this Section.

(8) Where an order is given to settle the case through mediation pursuant to this Section, but the case cannot be resolved through that means, the court shall fix a date for the parties and proceed with the proceedings, hearing, and disposal of such case according to law. 195. Compromise or mediation not possible: Notwithstanding anything contained in Section 193 or 194, a case filed by the Government of Nepal as plaintiff, pertaining to Omitted by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075 (2018). and a case concerning public, government, or community property shall not be compromised or resolved through mediation between the parties. Provided that, there shall be no bar to making a compromise in a manner that secures the public, government, or community property. 196. To be able to withdraw claim: (1) In any case other than a case where the Government of

(4) When the court adjourns a case, it must cancel the dates of the parties who were present on that date.

(5) When the court recalls an adjourned case, it must summon the parties who were on dates at the time of the adjournment by giving them a period of seven days and proceed with the case. 203.
Muluki Civil Procedure Code, 2017

203. Power to transfer cases: (1) The Supreme Court may, in the circumstances mentioned in sub-article (1) of Article 134 of the Constitution of Nepal, call for a case pending in any High Court to the Supreme Court and conduct, hear, and decide it.

(2) The Supreme Court may, in the circumstances mentioned in sub-article (2) of Article 134 of the Constitution of Nepal, order the transfer of a case pending in one High Court to another High Court for the conduct, hearing, and decision of such case.

(3) A High Court may, in the circumstances mentioned in sub-section (2) of Article 145 of the Constitution of Nepal, order the transfer of a case pending in one District Court under its jurisdiction to another District Court under its jurisdiction for hearing.

(4) The decision on whether the circumstances for transferring a case under sub-section (2) or (3) exist or not shall be made based on a petition from the concerned party to the case or information received through any other means. Added by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(4A) If there is any reason why a judge of a court cannot hear a case filed in that court according to this Code, the concerned court shall submit a report stating that reason to the appellate court; and upon receiving such a report, the appellate court may, considering the convenience of the parties as well, order the transfer of such a case to another court of an equivalent level within its territorial jurisdiction. Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(5) When an order is made under sub-sections (2), (3), and (4A), such court shall conduct, hear, or decide such case in accordance with the order of the Supreme Court or the High Court. Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(6) Even if the case is decided by another court under sub-sections (2), (3), and (4A), an appeal against the judgment rendered by such court shall lie to the appellate court of the court where the plaint was originally filed. 204.
Muluki Civil Procedure Code, 2017

204. Supreme Court may hear and decide cases: (1) Notwithstanding anything written elsewhere in this Code, if it appears from a petition of any party to the case or from a report of the concerned court that any case pending in any subordinate court involves a complex question relating to the interpretation of the Constitution or any other law, or involves a question of public importance or concern, and that the hearing and decision of such case would be appropriate only after the resolution of such question, the Supreme Court shall, stating the reason thereof, order to call for and hear and decide such case by itself.

(2) If an order is made by the Supreme Court under sub-section (1), the concerned court shall send the record of such case to the Supreme Court, inform the parties to the case thereof, fix a date, and send them to the Supreme Court.

(3) If an order is made under sub-section (1), the Supreme Court may hear and decide such case, or resolve the complex constitutional or public importance question involved therein and send the record back to the concerned court for decision on the remaining matters.

(4) When sending the record to the concerned court for proceedings on the remaining matters under sub-section (3), the Supreme Court must inform the parties thereof, fix a date, and send them to such court. Chapter-19

Provisions Relating to Appeal

205. Appeal may be filed within the prescribed period: (1) Except where otherwise provided in this Code, a party dissatisfied with a judgment rendered by a trial court may appeal to the relevant appellate court within thirty days from the date of knowledge of the judgment.

(2) In cases where an appeal lies, if a party to the case or their heir appears before the court and hears the judgment, the appeal period shall commence from the date of signing the document acknowledging the hearing; and if a party is not present when the judgment is rendered and a notice is issued, the appeal period shall commence from the date of service of such notice, within thirty days.

(3) For the purpose of sub-section (1), if the party to the case or their heir was present on the date fixed for hearing, and the judgment of the case was rendered on that same fixed date, the party to the case shall be deemed to have knowledge of the judgment.
Muluki Civil Procedure Code, 2017

Explanation: For the purpose of this section, when calculating the day of knowledge, it shall be counted from the day the judge certifies the judgment under section 198.

(4) Notwithstanding anything written in sub-section (2), if the document acknowledging the hearing of the judgment has not been signed or the notice of the judgment has not been served, the party to the case may appeal within thirty days from the date of obtaining a copy of the judgment, up to six months from the date of the judgment. 206. Circumstances where appeal is not permissible: Notwithstanding anything written in section 205, an appeal shall not be filed in the following circumstances:

(a) If, after receiving or being served with a notice within the period prescribed by law, the party has let the period expire without filing a written statement or making a defense,

(b) If the case has been Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.settled through mediation or compromise,

(c) If the claim has been withdrawn,

(d) If the plaint has been dismissed,

Provided that an appeal may be filed if the plaint was dismissed irregularly. 207. Court fee must be paid when filing an appeal: (1) When filing an appeal, a receipt showing payment of the court fee leviable under the law must be submitted along with the appeal.

(2) Notwithstanding anything written in sub-section (1), if permission was granted by the court to pay the court fee at the time of the judgment, the appeal shall be registered even without the receipt of court fee deposit. 208. Format of the appeal petition: (1) A person wishing to file an appeal must prepare the appeal in the format as per Schedule-21.

(2) When filing an appeal, the appeal petition must be written in courteous language, and necessary documents supporting the grounds of appeal must be attached to the appeal petition.

(3) When filing an appeal, an appeal fee of three hundred rupees shall be charged. 209.
Muluki Civil Procedure Code, 2017

209. Appeal must be registered in the appellate court: (1) When filing an appeal, the appeal petition must be registered in the appellate court of the court whose judgment is being appealed.

(2) If someone brings an appeal for registration under sub-section (1), the court shall check whether such appeal has been brought for registration within the period under section 205, whether the fee leviable for the appeal has been deposited, and whether the appeal complies with the formalities under this Chapter; if it appears that the formalities are complied with, it shall be registered, and a receipt shall be given to the concerned party in the format as per Schedule-3.

(3) If, upon checking the appeal under sub-section (2), it appears that the formalities are not complied with, the court shall, without registering the appeal petition, reject it, stating the reason thereof. 210. Appeal may be registered in the court that rendered the judgment: (1) Notwithstanding anything written in section 209, an appeal petition may also be registered through the court that rendered the judgment.

(2) If an appeal is brought for registration under sub-section (1), such court must complete the procedure under section 209 and register the appeal petition.

(3) The appeal petition registered under sub-section (2) must be sent, along with the relevant case record, to the appellate court within three days.

(4) If the appellant registering the appeal petition under this section wishes to remain on date, the court must fix a date for appearing in the relevant appellate court and send the appellant accordingly. 211.
Muluki Civil Procedure Code, 2017

211. Government employee may register an appeal in the court of the area where posted: (1) If a government employee needs to appeal in a case concerning their rights, interests, and concerns, and due to official duties they are unable to personally appear before the appellate court, they may register the appeal through the appellate court located in the area where they are posted, if such a court exists; or, if no such court exists, through the District Court of the area where they are posted, stating the reason for their inability to appear.

(2) If an appeal is brought for registration under sub-section (1), such court must complete the procedure under section 209 and register the appeal.

(3) Upon registration under sub-section (2), the court registering the appeal petition must, within three days, certify that the appeal petition has been registered and that the concerned employee is posted in that area, and send such appeal to the relevant appellate court.

(4) If the government employee filing an appeal under this section wishes to be on date, the court registering the appeal must keep the employee on date and send information thereof to the relevant appellate court. 212. Calling for the case record: (1) The appellate court must, within three days of the registration of the appeal, send a letter to the concerned court to call for the record of that case.

(2) Upon a request for the record under sub-section (1), the concerned court must send the record to the appellate court within three days of receiving the letter. 213. Ordering the respondent to appear: (1) The appellate court must, within fifteen days of receiving the record from the lower court under section 212, summon the respondent as requested by the appellant and conduct a hearing on whether the case needs to be heard or not.

(2) If, during the hearing under sub-section (1), it does not appear that the decision of the lower court is liable to be altered, the appellate court shall make a decision as deemed fit.

(3) If, during the hearing under sub-section (1), it appears that the decision of the lower court may be liable to be altered, the appellate court shall, stating the reason thereof, order the summoning of the respondent for a full hearing. 214.
Muluki Civil Procedure Code, 2017

214. Service of notice to the respondent: (1) If an order is made to summon the respondent under sub-section (3) of section 213, the appellate court must serve a notice on the respondent in the format as per Schedule-22, requiring appearance within fifteen days, excluding travel time.

(2) Notwithstanding anything written in sub-section (1), the appellate court, if it so desires, may serve the notice under sub-section (1) itself or through the trial court, following the procedure under Chapter-8.

(3) After the notice is served under sub-section (2), the respondent may, if they wish, submit a written reply in the appellate court.

(4) If the respondent wishes, the court may place them on date and proceed with the conduct, hearing, and decision of the case. 215. Hearing of the appeal must be conducted: (1) After the notice is served under section 214, if the respondent appears and both the appellant and the respondent are on date, the court shall fix a date for hearing and hear the appeal on that date; if both or either of them is not on date, the court shall still fix a date for hearing and conduct the hearing of the appeal.

(2) Even if the respondent does not appear after the notice is served under section 214, the appellate court must hear the appeal.

(3) After hearing the appeal under sub-section (1) or (2), the appellate court must make a decision as deemed fit.

(4) When rendering a judgment on an appeal, the appellate court must do so in the format as per Schedule-23. 216. Powers of the appellate court: While hearing an appeal under section 215, the appellate court shall have the power to do the following:

(a) Confirm or reverse the judgment of the lower court,

(b) Set aside the judgment of the lower court, either partially or wholly,

(c) If the judgment was rendered without examining necessary evidence, to examine such evidence itself or order the lower court to examine it,

(d) If the decision did not address the issues that ought to be determined in the case, to determine such issues itself or send the case back to the lower court for determination of such issues,

(e) Make ancillary or consequential modifications to the judgment of the lower court. 217. Exercise of powers of the trial court: While conducting, hearing, or deciding a case in an appeal under this Chapter, the appellate court may exercise the powers of a trial court. 218.
Muluki Civil Procedure Code, 2017

Chapter-20

Provisions Relating to Review and Revision of Cases

219. Review of cases: (1) In cases where an appeal does not lie to the Supreme Court according to law, the Supreme Court may review a judgment or final order rendered by a High Court in the following circumstances:

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(a) If the judgment or final order of the High Court contains a serious constitutional or legal error,

(b) If the legal principles or precedents established by the Supreme Court have not been followed, or have been misinterpreted and applied incorrectly,

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(c) In a case involving a dispute related to government or public property, if, due to improper evaluation of the evidence attached to the record, there has been embezzlement of or damage to government or public property, or

(d) If a child, woman, person with disability, person suffering from mental illness, or a person who has completed the age of seventy-five years could not be properly represented, materially affecting the justice.

(2) A petition for review of a case may be filed, within forty-five days from the date of knowledge of the judgment rendered by the High Court, through the High Court that rendered such decision or directly to the Supreme Court.

(3) A petition filed under sub-section (2) must be accompanied by Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018. details and documents substantiating the existence of the condition under sub-section (1).

(4) Upon receiving a petition for review under sub-section (2), the Supreme Court shall conduct a hearing on whether the condition under sub-section (1) exists in the judgment or final order of the High Court.

(5) If, during the hearing under sub-section (4), it appears that any condition under sub-section (1) exists in the judgment or final order of the High Court, the Supreme Court shall issue an order summoning the other parties to that case for the review.

(6) Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.If the other parties to the case appear under sub-section (5), the Supreme Court shall keep them as well and hear the case and render a judgment. Provided that the failure of other parties to the case to appear shall not hinder the rendering of a judgment in the case. 220.
Muluki Civil Procedure Code, 2017

Provided that the failure of other parties to the case to appear shall not hinder the rendering of a judgment in the case. 220. Provisions relating to Revision: (1) A case already decided by a final judgment or order of any court shall not be revised by the same court.

(2) Notwithstanding anything written in sub-section (1), the Supreme Court may, subject to the prevailing law, revise its own judgment or final order in the following circumstances:

(a) If any evidence or fact of a nature that would materially affect the justice rendered in the case comes to the knowledge of the concerned party or is discovered by any other means only after the case was decided, or

(b) If it appears that the judgment or final order is contrary to the precedents or legal principles established by the Supreme Court. Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(3) A petition for revision must be filed within sixty days from the date on which the judge of the Supreme Court signed and certified the judgment or final order. Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(4) Upon a petition filed under sub-section (3), a judge other than the judge who initially rendered the judgment shall pass an order granting or refusing permission.

(5) The Supreme Court shall not revise its own judgment or final order in the following circumstances:

(a) If such judgment or final order has already been revised once,

(b) If the judgment or final order was rendered by a full bench,

(c) If the decision was made by the Constitutional Bench,

(d) If the case was decided by review under the law prevailing before the commencement of this Code, or

(e) In a case reviewed under section 219, if the judgment of the High Court was confirmed, or if leave to review was not granted. 221. Decision must be limited to the relevant subject matter: When reviewing a case under section 219 or revising under section 220, the Supreme Court must decide the case by limiting itself only to the basis on which the order for review or revision was made and the relevant subject matter related thereto. Chapter-21

Provisions Relating to Extension of Time or Date

222. Time or date must not be missed: No person shall miss the time limit or date given by the court in connection with any case. 223.
Muluki Civil Procedure Code, 2017

Chapter-21

Provisions Relating to Extension of Time or Date

222. Time or date must not be missed: No person shall miss the time limit or date given by the court in connection with any case. 223. Missed time or date may be extended: Notwithstanding anything written in section 222, if, due to circumstances beyond one's control, a person is unable to appear in court on the prescribed time or date and thus misses the time or date, the party missing it may apply for an extension once within fifteen days for a time limit and up to twice within twenty-one days for a date. 224. Counting of occasions: (1) When counting occasions for missing a date, the count of an extension of time limit shall not be made; only the missing of the date shall be counted.

(2) When calculating the days for seeking an extension for a missed time limit or date, the calculation shall be made from the day following the day the time or date was missed up to the day the extension is permissible.

(3) Notwithstanding anything written elsewhere in this section, if a case is sent back to a subordinate court for retrial or if an adjourned case is revived and proceedings are conducted, the previously extended time or date occasions shall not be counted. 225.
Muluki Civil Procedure Code, 2017

225. Circumstances for extension of missed time or date: (1) Notwithstanding anything written elsewhere in this Code, if a person files a petition in the concerned court stating that time or date was missed due to circumstances beyond their control as mentioned below, and seeks an extension within the following respective periods, the court shall pass an order extending such missed time or date:

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(a) If a relative of the person required to appear in court dies and, according to tradition, the person has to observe mourning or similar bereavement themselves, within seven days, excluding travel time, from the date fifteen days have elapsed since the death of such relative,

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(b) If the person required to appear in court is a woman who has given childbirth, within sixty days, excluding travel time, from the date of childbirth,

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(c) If, within the period for appearing in court, the road was blocked by a river, landslide, or snow, or a curfew was declared, or public transport was not operating due to any other reason, within fifteen days, excluding travel time, from the date the road opened or public transport resumed,

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(d) If a disaster such as an earthquake or volcanic eruption occurred within the period for appearing in court, within ten days, excluding travel time, from the date of such occurrence,

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(e) If the person required to appear in court was abducted or held hostage by someone, within fifteen days, excluding travel time, from the date of release from such abduction or hostage,

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(f) If the person required to appear in court is unconscious or unable to move due to an accident, or is unable to move due to a debilitating illness, and has been admitted to a hospital approved by the Government of Nepal for treatment, within fifteen days.
Muluki Civil Procedure Code, 2017

Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2018.(1A) In the circumstances mentioned in clauses (a) and (e) of sub-section (5), the concerned person shall, as far as possible, immediately inform the court thereof.

(2) A petition submitted for extending the missed time or date under sub-section (1) must be accompanied by necessary evidence substantiating the occurrence of the circumstance under that sub-section. 226. Substitution of parties in a case: (1) If, while proceedings of a case are ongoing in any court and before the judgment of such case is rendered, a party to the case dies, or remains unconscious or of unsound mind up to the period mentioned in clause (c) of sub-section (1) of section 225, or goes missing and misses the time or date fixed by the court, the guardian of such deceased, unconscious, or missing person, or if there is no guardian, the nearest relative, may file a petition before the court to extend the time or date and substitute the party in the case within twenty-one days, excluding travel time, from the date of such death, onset of unconsciousness, or missing.

(2) If, upon examining the petition filed under sub-section (1), the facts appear reasonable, the court may allow substitution in such case and extend the missed time or date. 227. Calculation of travel time: (1) When calculating travel time, the court shall calculate based on the actual days required to travel by rail or bus where regular transport service is available, and for places where such rail or bus service is not available, at the rate of one day for every fifteen kilometers.

(2) When calculating travel time under sub-section (1), a distance of less than fifteen kilometers shall be deemed as one day's travel time. Provided that no travel time shall be given for a total distance of less than fifteen kilometers. 228. Decision not to be made within the period allowed for extension: Even if a party to the case is absent on the prescribed time or date and misses the time or date, the case shall not be heard and decided until the period allowed for extension under section 223 or 225 has expired. Chapter-22
Provisions Relating to Execution of Judgments

229. Preparation of execution list: (1) If a judgment is rendered by a court involving any of the following: delivery of possession, registration, cancellation, mutation, redemption, partition, recovery of dues, imposition of fines, or payment of court fees, the concerned officer shall, as soon as possible, prepare the relevant execution list within three days of the judgment being ready and send it to the Revenue (Tahsil) Section.
Muluki Civil Procedure Code, 2017

Explanation: For the purpose of this Chapter, "due" (bigo) shall mean any amount recoverable pursuant to the judgment, including any compensation.

(2) After the receipt of the execution list under sub-section (1), the concerned officer shall attach a copy of the judgment and create a separate record for the execution of the judgment.

(3) If the execution list under sub-section (1) is prepared by the appellate court, the concerned officer shall send such record, along with the execution list, to the concerned District Court within three days of the judgment being ready. 230. Execution of judgment or order by the concerned District Court: (1) Regardless of the level of court that rendered the judgment in a case, the execution of such judgment shall be carried out by the District Court where the plaint or complaint was filed.

(2) The execution of a judgment in a case initially heard and decided by an appellate court shall be carried out by the concerned District Court.

(3) Notwithstanding anything written elsewhere in this section, if the District Court responsible for executing the judgment or order cannot be determined due to the subject matter of the case, the District Court designated by the appellate court shall execute such judgment or order.

(4) Notwithstanding anything written elsewhere in this section, the execution of a judgment or order rendered by a body other than a regular court shall be carried out by the concerned body.

(5) Notwithstanding anything written in sub-section (4), if the law does not otherwise provide regarding the execution of a judgment or order, the court shall execute the judgment in accordance with this Code.

(6) If a judgment or order is rendered by a court to appoint someone to a position or to remove someone from a position, unless otherwise provided in this Code or prevailing law, the court rendering such judgment or order must, within three days of such judgment or order, send a letter to the concerned body or office for execution.

(7) Upon receiving a letter under sub-section (6), the concerned body or office must, within thirty days, implement it as per the letter and inform the concerned court thereof. If such information is not given, the court may order departmental action against the person acting as the chief of the concerned body or office. 231.
Muluki Civil Procedure Code, 2017

If such information is not given, the court may order departmental action against the person acting as the chief of the concerned body or office. 231. Stay of execution of judgment: Notwithstanding anything written in section 230, the court must stay the execution of a judgment in the following circumstances:

(a) Until the period for filing an appeal, if an appeal lies, has expired,

(b) In cases where an appeal may be filed according to law, if an appeal has been filed, until the final decision of the case through the appellate process,

(c) If an order for review of the case under section 219 has been made, until the final decision thereof,

(d) If an order for revision under section 220 has been made, until the final decision thereof. 232. No bar to execution of judgment or compromise: Notwithstanding anything written elsewhere in this Chapter, there shall be no bar to the execution of a judgment or compromise in the following circumstances:

(a) To execute a judgment rendered in a case merely on the ground that a petition for revision or review of the judgment is pending, unless the court has ordered otherwise,

(b) To execute a judgment or compromise rendered in a case, even if someone has filed a suit to annul the judgment or compromise, unless the court has ordered otherwise,

(c) If it appears that the property which is the subject matter of the case may deteriorate if execution is not carried out immediately, or if, in a case involving payment of compensation, the winning party expresses a written commitment to bear the compensation for loss caused to the other party if the case is lost later at the appellate level, the court may execute such judgment after the initial judgment, even before the expiry of the appeal period or the decision on appeal,

(d) If there is an agreement between the parties to a case on any matter pending in court, and the agreed matter is severable and executable, and an order to that effect is made by the court. 233. Appointment of a representative: If any party to the case is unable to appear personally in the course of execution of a judgment, such party may appoint a representative for that purpose. 234. Opportunity for compromise or mediation: (1) Notwithstanding anything written elsewhere in this Chapter, if the parties wish to execute the judgment through the means of a compromise or mediation, they may submit a joint petition to the court stating that fact.