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

235. Parties to be placed on date: (1) If a trial court renders a judgment involving the delivery of possession, registration, cancellation, mutation, redemption, partition, or recovery of dues, and the parties to the case are present in the court, the court must, for the purpose of execution, fix a date for the parties after deducting the period allowed for appeal in such case.

(2) If an appeal is filed in such case by the date fixed under sub-section (1), the court shall cancel the dates of the parties and place the record of such case in storage, pending the judgment of the High Court.

(3) After a final judgment has been rendered, including by the appellate court, if the parties to the case are present in court as per sub-section (1), the appellate court shall fix a date for the parties to appear for the purpose of execution; if the parties are not present, it shall state that fact and send the record of the case to the concerned trial court.

(4) If the parties come to appear in the trial court under sub-section (3), the court must place the parties who are present on date for the purpose of execution of the judgment.

(5) If the appellate court writes under sub-section (3) stating that the parties are not on date, or if the parties do not come to appear in court on the fixed date, or if the case becomes final without an appeal against the trial court's judgment, and if any party to the case is not present in court, the trial court must send a notice for appearance in court, with a period of fifteen days in the format as per Schedule-24, to the parties for the purpose of execution of the judgment. Provided that if both parties or any party is not on date, such notice must be sent to the absent party within three days of receiving the record.

(6) Notwithstanding anything written elsewhere in this section, if it appears unnecessary to place any party on date in the course of execution of the judgment, the court shall not place such party on date. 236.
Muluki Civil Procedure Code, 2017

236. Execution of judgment after levying additional fee: (1) If a notice has been issued under this Code, and after the notice period has expired, or if a time or date has been missed, and after the period for substituting a party or extending the missed date has expired, the party comes to get the judgment executed, the court must execute the judgment by levying an additional fee of ten percent if the notice period has been exceeded by up to six months, and twenty-five percent if exceeded by up to one year, of the fee chargeable for execution.

(2) If the party does not appear to get the judgment executed even within the period under sub-section (1), the court shall place the proceedings related to the execution of such judgment in storage, unless otherwise provided in this Chapter. 237. Right to substitute or extend missed date: (1) If any party to the case dies in the course of execution of the judgment, the heir of such party may substitute the party in such case according to this Code.

(2) If any party misses a date in the course of execution of the judgment, such party may get the missed date extended according to this Code. 238.
Muluki Civil Procedure Code, 2017

243. Property liable to attachment: (1) When attaching property for the amount under section 242, such property shall be attached including the share of the person who, being twelve years of age or older, uses or enjoys such property while living together undivided, or even if separated by share or portion, remains with the person using or enjoying such property.

(2) When attaching under subsection (1), after separating the following properties, the remaining property shall be attached:-
(a) If any property exists as the personal property of a person other than the person against whom attachment is made, such property,
(b) Up to three sets of clothing and footwear worn and to be worn by the person against whom attachment is made and the members of their joint household,
(c) One set of cooking and eating utensils, plates and bowls, one set of bedding and mattresses, and a reasonable number of furniture necessary for the person against whom attachment is made and the members of their joint household,
(d) Books necessary for the education of the person against whom attachment is made and the members of their joint household,
(e) Medicines and health-related equipment already purchased prior to the initiation of attachment proceedings for the person against whom attachment is made and the members of their joint household,
(f) Food grains necessary for the subsistence of the person against whom attachment is made and the members of their joint household for a maximum period of three months,
(g) One set of tools or implements related to the profession or occupation of the person against whom attachment is made and the members of their joint household.

(3) Notwithstanding anything written in subsection (2), when setting aside property under clauses (b), (c), (d), (e), (f), and (g) of that subsection, property worth more than one hundred thousand rupees shall not be set aside.

(4) If the recovery amount is still not satisfied after attachment under subsection (1), other members of the family shall not be arrested. 244.
Muluki Civil Procedure Code, 2017

244. Imprisonment for recovery of amount or fine: (1) If, even after auction sale of property under subsection (7) of section 242, the amount is insufficient, or if property is not shown, or if property cannot be auctioned, and the person entitled to recover the amount wishes to have the person liable to pay the remaining amount imprisoned, and files an application within fifteen days of the auction sale or the occurrence of the situation under this subsection, the court shall prepare a record thereof and send the person liable to pay the amount to imprisonment as per law.

(2) When imprisoning under subsection (1), the court shall convert the remaining amount at the rate of four hundred rupees per day and imprison the person liable to pay that amount accordingly.

(3) When imprisoning under subsection (1), in the case of recovery due to the Government of Nepal or a public entity wholly or substantially owned or controlled by the Government of Nepal, imprisonment shall not exceed four years, and in the case of recovery due to an individual or other entity, imprisonment shall not exceed two years.

(4) When imprisonment is required under subsection (1), if the amount is less than four hundred rupees or if a remainder remains, imprisonment for one day shall be imposed for that amount.

(5) When imprisoning under subsection (1), the subsistence expenses as per law shall be borne by the person seeking imprisonment.

(6) When imprisonment is required for non-payment of a fine, imprisonment shall be at the rate of two hundred rupees per day, not exceeding four years.

(7) Before imprisoning under this section, the relevant person shall be given a reasonable time to present their statement.

(8) Notwithstanding anything written elsewhere in this Chapter, if a person who fails to pay the amount is imprisoned by order of the court for the remaining amount that could not be recovered as per the party's claim, no further claim shall lie regarding such amount. 245. Action upon death of person from whom amount is to be recovered: (1) If the person from whom the amount is to be recovered dies before such amount is recovered, the amount shall be recovered from the property belonging to that person.

(2) If the amount cannot be recovered from the property of that person under subsection (1), the shortfall shall be recovered from the person who inherits the estate of the deceased.

(3) Notwithstanding anything written in subsection (2), when recovering the amount from the person who inherits the estate, no more than the value of the inheritance received by such person shall be recovered. 246.
Muluki Civil Procedure Code, 2017

246. Remission of fine: If a person upon whom a fine has been imposed under a judgment pays the fine immediately or within sixty days from the date of the judgment, a twenty percent remission shall be granted on the fine imposed. 247. Execution of compromise: (1) If a compromise is made requiring a government body to do or cause to be done any act, the court shall, within three days of the compromise, send a letter to the relevant office to perform the act as per the compromise.

(2) In a case where there are more than one plaintiff or defendant, even if all are not present to have the compromise executed, the compromise shall be executed after the expiry of the period under subsection (1). While executing the compromise in such manner, the court shall also protect the interest of the person who fails to appear to have the compromise executed. 248. Period for refund of court fee, deposit, and expenses: (1) Except as otherwise provided in this Code, the relevant person shall, within one year from the date of knowing that the judgment entitling them to a refund of court fee or deposit amount has become final, file an application with the relevant court along with proof requesting a refund.

(2) If the amount claimed under subsection (1) is to be refunded, the court shall refund the court fee within three months of receiving such application, and the deposit amount within seven days.

(3) Except as otherwise provided in this Code, the person entitled to receive or obtain a refund of the amount realized from an auction sale shall receive such amount within six months from the date of the auction sale.

(4) If the relevant person fails to receive the court fee, deposit, or amount within the period under subsection (1) or (3), such amount or property shall not be refunded later, and such deposit amount shall be confiscated to government revenue. 249. Fee for execution of judgment: (1) Except as otherwise provided in this Chapter, for any amount caused to be paid by the court under a judgment, a fee at the rate of five percent shall be collected from the person receiving such amount.

(2) Notwithstanding anything written in subsection (1), no fee shall be levied for causing the delivery of a date, delivery of documents, or partition of a defendant. 250.
Muluki Civil Procedure Code, 2017

250. Right to complain: (1) Any interested person dissatisfied with the work or action performed by the relevant employee in the course of execution of a judgment may file a complaint before the judge of the same court within fifteen days.

(2) A person dissatisfied with the decision made on a complaint filed under subsection (1) may file a petition in the appellate court.

(3) A complaint filed under subsection (1) shall be resolved within one month, and a petition filed under subsection (2) within two months.

(4) A party who, having received notice for appearance in execution proceedings, remains absent on the date fixed, shall not be entitled to file a complaint or petition under this section. 251. Proceedings not invalid merely due to absence of representative: (1) Under this Chapter, where any act is to be performed or signature or seal is to be obtained in the presence of a member or representative of a local level, if such member or representative fails to appear despite written notice given to secure their presence, such act may be performed or caused to be performed.

(2) Merely on the ground that the member or representative of the local level under subsection (1) was absent or did not affix their signature or seal, any act or proceeding otherwise in conformity shall not become invalid. 252. Power to initiate contempt proceedings or impose punishment: (1) It shall be the duty of the parties to a case to cooperate in the act of executing a judgment under this Chapter.

(2) The court may, against any person obstructing the execution of a judgment, initiate contempt proceedings as per law or impose a fine of up to one thousand rupees or imprisonment for up to three months, or both. 253. Employee entitled to incentive amount: (1) If a government employee deployed for the collection of a fine imposed under a judgment or government recovery does not wish to receive the daily and travel allowance payable, they shall receive an incentive allowance of twenty-five percent of the amount collected.

(2) The Tehsildar shall receive, as an incentive, five percent of the amount collected under subsection (1).

(3) The allowance or amount under subsections (1) and (2) shall be paid from the collected fine or government recovery amount.

(4) Under this section, if any person other than a government employee has collected and brought in a government recovery or fine, such person may be provided the amount under subsection (2) equivalent to that of a government employee. Chapter-23

Provisions relating to civil cases where the Government is the plaintiff or a party

254.
Muluki Civil Procedure Code, 2017

Chapter-23

Provisions relating to civil cases where the Government is the plaintiff or a party

254. Investigation and diary of civil cases where the Government is the plaintiff: (1) Any person wishing to file a civil case of the type mentioned in Schedule-28, and of the type which, under prevailing law, is stated to be filed with the Government of Nepal, Provincial Government, or local level as the plaintiff, shall submit a written application or oral information to the officer designated by the Government of Nepal by publishing a notice in the Nepal Gazette, or, if no officer is so designated, to the relevant District Revenue Officer, disclosing the evidence in their possession or to their knowledge regarding such case.

(2) If oral information is given under subsection (1), the relevant officer shall reduce the statement of such person to writing in the form of an application and have it signed or sealed by them.

(3) Upon receipt of an application under subsection (1), the relevant officer shall, as necessary, conduct a survey and map of the house or land related to the case or carry out an investigation into other necessary matters, and send the original and one copy of the case file and documents to the relevant Government Attorney of the district at least fifteen days before the expiry of the limitation period under the relevant law, taking into account the time required for deciding whether to file the case or not and, if a decision to file is made, the time required to prepare the plaint and file the case.

(4) Even if no application has been received from anyone under subsection (1), if the relevant officer themselves sees a reason to file a case under subsection (1), they shall collect necessary evidence and, after completing the procedure under subsection (3), send the documents along with the case file to the relevant Government Attorney of the district.

(5) Upon receiving the case file under subsection (3) or (4), the Government Attorney shall study it and decide whether the case is to be filed or not.

(6) If a decision is made to file a case under subsection (5), the Government Attorney shall prepare the plaint and file the case in the relevant court along with evidence.

(7) If a decision is made not to file a case under subsection (5), the Government Attorney shall return the received case file and evidence to the relevant officer. 255. Case to proceed with Government as plaintiff: A case filed under section 254 shall proceed with the Government as the plaintiff. Provided that, in matters where a plaint must be filed under section 91, the same shall apply. 256.
Muluki Civil Procedure Code, 2017

255. Case to proceed with Government as plaintiff: A case filed under section 254 shall proceed with the Government as the plaintiff. Provided that, in matters where a plaint must be filed under section 91, the same shall apply. 256. Notice to be given if it appears that an individual should file the case: (1) If, upon studying the case file under subsection (5) of section 254, it does not appear that the case should be filed with the Government as plaintiff, but it appears that it should be filed by the person aggrieved under the law, the Government Attorney shall make a decision accordingly and inform the officer who sent the case file to give notice of that fact to the relevant person.

(2) The limitation period under the law for the relevant person shall be calculated from the date of receipt of notice under subsection (1). 257. Making the interested person a party: If, during the proceedings of any case filed with the Government of Nepal, Provincial Government, or local level as the plaintiff under section 254, it appears that the Government of Nepal, Provincial Government, or local level should not be the plaintiff, the court shall issue an order to that effect and summon the interested person. If the interested person appears pursuant to the court's order and accepts the case, such person shall be made the plaintiff, and proceedings, hearing, and disposal shall be conducted from the same case file in accordance with prevailing law. 258.
Muluki Civil Procedure Code, 2017

If the interested person appears pursuant to the court's order and accepts the case, such person shall be made the plaintiff, and proceedings, hearing, and disposal shall be conducted from the same case file in accordance with prevailing law. 258. Provisions relating to filing other civil cases: (1) Regarding the filing of civil cases other than those filed under section 254, or regarding the collection of evidence, if any officer is designated under the relevant law, such officer, and if no such officer is designated, the head of the relevant office shall collect evidence and send it along with their opinion and the case file to the relevant Government Attorney for a decision on whether to file the case or not, ensuring that the limitation period for filing the plaint is not exceeded.

(2) Upon receiving the case file under subsection (1), the Government Attorney shall study it, decide whether to file the case or not, and if the case is to be filed, shall return the received case file to the relevant officer, specifying under which law, on what subject, and against whom the case is to be filed, ensuring that the limitation period for filing the case is not exceeded.

(3) If the Government Attorney decides to file the case under subsection (2), the relevant officer shall prepare the plaint, sign or seal it, and file the case in the relevant court within the limitation period.

(4) After filing the case under subsection (3), the relevant officer shall provide one copy of the case file related to such case to the Government Attorney. 259. Provisions relating to limitation: (1) If a civil suit is to be filed in the name of any person on behalf of the Government of Nepal, Provincial Government, or local level, if a limitation period for filing such suit is specified in this Code or other law, the suit shall be filed within that limitation period; and if no such limitation period is specified, the suit shall be filed within two years from the date on which the Government of Nepal, Provincial Government, or local level came to know of the cause of action for filing such suit. Provided that, if it is stated in this Code or other law that limitation does not apply, or that there is no limitation, or that a suit may be filed at any time, a suit may be filed at any time.

(2) For the purpose of subsection (1), knowledge acquired by the relevant officer of the office of the Government of Nepal, Provincial Government, or local level shall be deemed to be knowledge acquired by the Government of Nepal, Provincial Government, or local level. 260.
Muluki Civil Procedure Code, 2017

260. Provisions relating to examining witnesses or presenting evidence: (1) In a case filed under section 254, the person lodging the complaint or giving information in relation thereto shall be deemed a witness on the plaintiff's side.

(2) In cases filed under section 254 and in other civil cases where the Government of Nepal or Provincial Government is the defendant, the duty of presenting or making available witnesses or evidence through the Government Attorney on the day sought by the court shall be of the relevant officer.

(3) In cases filed under section 254 and in any other civil case concerning the Government of Nepal or Provincial Government, the task of examining witnesses or presenting evidence shall be performed by the Government Attorney.

(4) In cases filed under section 254, if it is necessary to examine a witness who cannot be dispensed with, such witness may be summoned and examined in the same manner as a witness who cannot be dispensed with in a criminal case. 261. Government Attorney to conduct arguments and defence: (1) The Government Attorney shall conduct arguments and defence in cases filed under section 254.

(2) Except as provided in subsection (1), in civil cases where the Government of Nepal, Provincial Government, or local level is made the opposite party, or in civil cases filed by the Government of Nepal as plaintiff, upon request from the relevant body, Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.the Government Attorney in the case of the Government of Nepal, and the attorney designated or appointed under prevailing law in the case of the Provincial Government and local level, may conduct arguments and defence. 262. Granting time: (1) In cases filed under section 254, the court shall grant a period of seventy days for filing an appeal.

(2) If the period granted under subsection (1) expires and the relevant party, showing reasonable cause, files an application in court, Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.the court may extend the period by up to thirty days within the period that can be granted under Chapter-21. 263.
Muluki Civil Procedure Code, 2017

263. Authority to file appeal, review or revision petition: (1) In civil cases filed under section 254, the work relating to filing appeals, reviews, revisions, or petitions for such purposes shall be done by the Government Attorney in the case of cases where the Government of Nepal is the plaintiff, and by the attorney designated or appointed under prevailing law in the case of cases where the Provincial Government or local level is the plaintiff.

(2) Except as provided in subsection (1), in civil cases where the Government of Nepal, Provincial Government, or local level is a party or opposite party, the relevant officer or the head of the office may themselves perform the work relating to filing appeals, reviews, revisions, or petitions for such purposes. Provided that, if the relevant officer or head of office sends a letter to the Government Attorney for such work, the Government Attorney may perform the work relating to filing appeals, reviews, revisions, or petitions in such cases. 264. Procedure for filing suit against the Government of Nepal: (1) If a suit is to be filed in a civil case against the Government of Nepal, Provincial Government, or local level, the interested person shall give notice thereof to the office or the head of such office against which the suit is to be filed.

(2) Upon receiving notice under subsection (1), the relevant office or the head of such office shall, if it is necessary to obtain advice or clearance from another office or body, obtain such advice or clearance.

(3) If, upon necessary investigation of the matter of the notice received under subsection (1), there exists any cause for filing a suit, the relevant office or the head of such office shall, within thirty days from the date of receipt of such notice, inform the relevant person thereof with clear reasons.

(4) If the relevant office or the head of such office fails to provide any information on the matter within the period under subsection (3), or if, even after providing information that a suit may be filed, the reason therefor does not appear reasonable, the relevant person may file a suit within thirty-five days from the expiry of such period or from the date of receipt of such information. 265. Other matters to be as per the Code and law: In relation to civil cases where the Government of Nepal, Provincial Government, or local level is the plaintiff or a party, matters written in this Chapter shall be as per this Chapter, and matters not written in this Chapter shall be as per other Chapters of this Code and the law. Chapter-24
Miscellaneous

266.
Muluki Civil Procedure Code, 2017

Chapter-24
Miscellaneous

266. Determination of compensation: (1) In a case where compensation can be obtained under the law, if the relevant person has claimed compensation, the court shall, while deciding the case, determine the compensation.

(2) Except where otherwise provided by law, while determining compensation under subsection (1), the following matters shall be considered:-
(a) Actual loss or damage incurred as a result of the harm,
(b) Loss or damage in income caused by the harm,
(c) Additional loss or damage suffered as a result of the harm.

(3) While determining compensation under subsection (1), the actual damage caused by the violation of any person's right or interest, or the actual damage caused or likely to be caused thereby, shall be ascertained and compensation shall be determined only on that basis; compensation shall not be determined on hypothetical matters. 267. Person who may file a case on behalf of a minor, incapacitated, or missing person: (1) On behalf of a minor who has not attained the age under the law, a person who, although of age, is incapacitated due to old age, a blind person, a person unable to speak, a person not in their senses, or a missing person, or a person who is in a condition where they themselves cannot act, a guardian or next friend may file a plaint, written statement, appeal petition, or petition. Explanation: For the purpose of this section, "missing person" means a person who has left home without notice for three consecutive years, or a person who has gone abroad and whose whereabouts for return are unknown.

(2) A guardian or next friend under subsection (1) shall file a separate application in court for permission to file a plaint, written statement, appeal petition, or petition on behalf of such person.

(3) Upon receiving an application under subsection (2), the court shall first hear evidence to ascertain whether the person mentioned in the application is a minor, or, though of age, is incapacitated due to old age, blind and unable to speak, not in their senses, or missing; and if upon hearing, the applicant's statement appears reasonable, the court may grant permission for the guardian or next friend to file a plaint, written statement, appeal petition, or petition on behalf of such person, even in the absence of a power of attorney.

(4) An application for permission under subsection (3) shall be decided within seven days from the date of filing.

(5) Notwithstanding anything written in subsection (4), regarding filing a plaint, written statement, appeal petition, or petition on behalf of a missing person, the court shall decide on an application for permission within fifteen days from the date of filing. 268.
Muluki Civil Procedure Code, 2017

268. Hearing to be held in open court: (1) The court shall hold hearings of cases in open court.

(2) Notwithstanding anything written in subsection (1), if the court finds reasonable the content of an application filed by a party to a case, disclosing reasons why a case relating to family relationship, determination of kinship, marriage, or divorce should be heard in camera, or if the court considers it reasonable that any case be heard in camera, the court shall order that such case be heard in camera.

(3) If an order is made for hearing in camera under subsection (2), entry into such court shall be prohibited to persons other than the parties to the case or their representatives, legal practitioners appointed by the parties, and persons or employees ordered by the judge.

(4) Notwithstanding anything written elsewhere in this section, if the court considers it reasonable to prohibit any person from entering the court for reasons of public security, the court may prohibit such person from entering the court. 269. Parties to be kept present: While hearing a case or determining matters to be decided, the parties shall be kept present. Provided that, even if any party is absent on the date fixed for hearing, it shall not be deemed to have hindered the decision or determination of the case. Deleted by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.270. 271. Judge not to hear case where interest conflicts: (1) A judge shall not conduct proceedings, hearing, and disposal of the following cases:-
(a) A case in which the judge themselves or their close relative has an interest, right, or concern.
Muluki Civil Procedure Code, 2017

271. Judge not to hear case where interest conflicts: (1) A judge shall not conduct proceedings, hearing, and disposal of the following cases:-
(a) A case in which the judge themselves or their close relative has an interest, right, or concern. Explanation: For the purpose of this section, "close relative" means a person in the priority order entitled to receive inheritance under the law when the estate is open, maternal uncle, maternal aunt, stepmother, paternal aunt, younger paternal uncle, elder paternal uncle, father-in-law or mother-in-law on the husband's or wife's side, father's sister, father's sister's husband, wife's brother, elder sister's husband, wife's sister, elder sister, younger sister, elder sister's husband, younger sister's husband, daughter's husband, nephew (sister's son), niece (sister's daughter), niece's husband, niece's daughter-in-law, and members of the family of such relative.

(b) A case in which the judge was at any time a representative, legal practitioner, or witness,
(c) A case in which the judge, in the capacity of a judge, has decided or given a final order in any court,
(d) A case in which the judge at any time gave an opinion on whether the case should be filed or not,
(e) A case in which, for any other reason, the interest of the judge and the members of their joint household, or the interest of persons under clause (a), is fundamentally conflicted.

(2) If any situation under subsection (1) is found, the judge hearing the case shall issue an order stating the reason why the case should not be heard.

(3) If any judge is about to conduct proceedings, hearing, or disposal of any case contrary to subsection (1), any party to the case may, with necessary evidence, file an application not to conduct proceedings, hearing, or disposal.

(4) Upon receiving an application under subsection (3), the judge hearing the case shall, before conducting proceedings, hearing, or disposal, ascertain whether the claim in such application is reasonable or not, and if the case should not be heard, shall issue an order accordingly.

(5) If an order is made under subsection (2) or (4), if there is another judge in the same court, such judge shall hear the case; and if there is no such judge, stating the reason, the case file shall be sent to the nearest court of the same level for proceedings, hearing, and disposal, and a date shall be fixed for the parties to appear in that court.

(6) Upon receiving the case file under subsection (5), such court shall, even if the case is not within its own jurisdiction, conduct proceedings, hearing, and disposal of such case. 272.
Muluki Civil Procedure Code, 2017

272. Acts to be performed by the judge themselves: (1) Among the acts to be performed by the court under this Code, the following acts shall be performed by the judge themselves:-
(a) Recording the statement of a party,
(b) Administering an oath to a witness,
(c) Recording the deposition of a witness,
(d) Making an interim or interlocutory order,
(e) Preparing an order sheet on matters to be decided in the case,
(f) Giving orders relating to taking evidence,
(g) Conducting preliminary and pre-hearing discussions,
(h) Holding hearings,
(i) Effecting compromise,
(j) Pronouncing judgment or giving any kind of final order.

(2) Notwithstanding anything written in subsection (1), for the purpose of recording a statement or deposition, the judge may take the assistance of an employee available in the court, at least up to the level of non-gazetted first class, and if not available, up to the level of non-gazetted second class. 273. Translation of document required: (1) If any document written in a language other than Nepali is presented as evidence in court and it appears that such document should be translated into Nepali, the court may order the party presenting such document to translate it into Nepali and submit it.

(2) If an order is made by the court under subsection (1), the relevant party shall have such document translated into Nepali and submit a certified copy thereof to the court. 274. Assistance of interpreter may be taken: (1) If it is necessary to record the statement or deposition of any party or witness who does not understand Nepali, or for any other purpose, the court may take the assistance of an interpreter of the relevant language.

(2) When taking the assistance of an interpreter for a statement or deposition under subsection (1), the expenses incurred shall be borne by the relevant party. 275. May question parties at any time: (1) The judge may, at any time before the judgment is delivered, issue an order and question a party to the case on any matter of the case.

(2) The answer given by the relevant party to the case upon being questioned under subsection (1) shall be attached to the case file. 276.
Muluki Civil Procedure Code, 2017

276. Identity of party or witness may be kept confidential: (1) Notwithstanding anything written elsewhere in this Code, if disclosing the identity of any party or witness may adversely affect the social reputation or dignity of such party or witness, or may cause undue fear, terror, or apprehension to such party from any side, or may adversely affect the personal safety or security of such party or witness, the relevant party may request the court to keep confidential the name, surname, residence, or the names of the father and mother, or any other description that may identify such party or witness.

(2) Upon request under subsection (1), the court may order that the name, surname, residence, names of the father and mother, or identity of such party or witness be kept confidential.

(3) The name, surname, residence, or names of the father and mother, or identity of the person kept confidential under subsection (2) shall be published using a pseudonym, surname, residence, or identity as per the court's order during the hearing of the relevant case or when publishing related details. 277. Duty to be present and assist in signing or sealing: (1) Any person required to be present for any act or proceeding under this Code shall assist the court by being present, and any person required to sign or seal a document prepared by the court shall do so.

(2) If any person refuses to be present or to sign or seal any document under subsection (1), and if, even after explaining the consequences of such refusal, they still refuse to be present or to sign or seal the document, the employee performing such act or preparing such document shall note the fact of such refusal, stating the reason for non-presence or non-signature, and after obtaining the signatures or seals of two other persons present, shall themselves also sign or seal and prepare the document.

(3) A document prepared under subsection (2) shall be deemed to have been prepared in conformity with law.

(4) A person who obstructs or fails to cooperate in the work of the court under this section may be fined by the court up to five thousand rupees. 278. Protection for acts done in good faith: No action shall lie against a judge or any other employee in respect of any act done in good faith under this Code or the rules made under this Code. 279.
Muluki Civil Procedure Code, 2017

278. Protection for acts done in good faith: No action shall lie against a judge or any other employee in respect of any act done in good faith under this Code or the rules made under this Code. 279. Clerical or arithmetical errors not to affect validity: (1) In the course of adopting the procedure under this Code for the proceedings, hearing, and disposal of a case, the existence of minor errors or omissions of any kind, or minor arithmetical or other errors or omissions in writing, printing, or typing when preparing any document, shall not alone render the entire related work or proceeding unlawful.

(2) If, while conducting proceedings, hearing, and disposal of a case or preparing a document under subsection (1), minor arithmetical or other errors or omissions occur in writing, printing, or typing, the judge may, by preparing a separate order sheet with reasons, correct such error or mistake in a manner that does not affect the merits of the case. 280. Receipt to be taken or given: (1) When returning any original document deposited in court to any person, or when delivering any original document from the court to any person, a receipt or voucher acknowledging the return or receipt of such document shall be taken and kept in the case file.

(2) When the court receives any original document presented by any person, if there are any erasures or corrections in the document, the court shall give a receipt to the person presenting the document, mentioning such details as well. 281. Petition fee: Except as otherwise provided in this Code, a fee of ten rupees shall be charged when submitting any petition to the court. 282. Publication of notice or summons: When publishing any notice or summons from the court under this Code in a national daily newspaper, it shall be published on a day determined by the Supreme Court in a national daily newspaper published by an entity owned by the Government of Nepal. 283. Power to order departmental action: (1) Except as otherwise provided in this Code, if any employee having the duty to perform an act under this Code fails to

Translation of Nepali Legal Text into English

If you do not submit a reply within the stipulated period and appear either in person or through a representative or legal practitioner, the case will be decided according to law, and you shall have no right to any complaint on that matter in the future.
Muluki Civil Procedure Code, 2017

Of the officer issuing the Summons/Notice, -

Signature :

Name :

Position :

Date :

Date of Service :

(a) Where the Summons/Notice has been received by the person required to receive it

I, the undersigned , having received one copy of the Summons/Notice and a copy of the Complaint issued in my name in the matter of in the presence of the witnesses mentioned hereunder, do hereby sign.

(b) Where the Summons/Notice has been received by a member of the immediate family of the person required to receive it

I, the undersigned , being the (relationship) of the person named in the Summons/Notice , aged years, of the same household, have received one copy of the Summons/Notice and a copy of the Complaint in the name of the said person in the matter of , as the person required to receive the Summons/Notice refused to accept it / could not be found, in the presence of the witnesses mentioned hereunder, and do hereby sign.

(c) Where the Summons/Notice has been affixed at the doorstep of the person required to receive it

We, the undersigned persons, do hereby sign and state that in the matter of , the person named in the Summons/Notice and any adult member of his/her immediate family could not be found at home / refused to receive the Summons/Notice, and therefore we, in the presence of the witnesses mentioned hereunder, have affixed one copy of the Summons/Notice and a copy of the Complaint in his/her name at the doorstep of his/her house in a conspicuous manner, and have also delivered one copy to Ward No. of the Rural Municipality/ Municipality, and this is correct.

(d) Amended by the notice published in the Nepal Gazette dated 2075.05.01.Ø Where the Summons/Notice has been served without finding the person required to receive it at home

We, the undersigned persons, do hereby sign and state that in the matter of , the person required to receive the Summons/Notice or his/her house could not be found after search, and therefore we have affixed one copy of the Summons/Notice in his/her name at a public place (specify place) of the concerned Ward or locality, and have sent back the copy of the Complaint and the served Summons/Notice. Witnesses

We, the undersigned, do hereby sign and state that the Summons/Notice was served in our presence as per clause ( ) above. 1. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. 2. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. 3. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District.
Muluki Civil Procedure Code, 2017

1. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. 2. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. 3. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. In the presence of

Shri/Mrs. , Member/Secretary/ of the Rural Municipality/Municipality, District. Where affixed at the doorstep / where the village, city or locality is not found

I, the undersigned, do hereby sign and state that one copy of the Summons/Notice in accordance with this has been submitted to be affixed on the notice board of the office of this Ward No. of the Rural Municipality/ Municipality. Signature :
Name of Employee or Officer :
Date :

Of the person performing the service, -
Signature :
Name of Server :
Date :

Schedule-7
(Relating to Sub-section (2) of Section 103)

Form of Summons/Notice to be issued in the name of a person other than the Defendant

Summons/Notice issued from Court/Office

To you, Shri , son/daughter/husband/wife of , aged years, residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. Whereas it is necessary to inquire into certain matters in connection with the case of wherein is the Plaintiff and is the Defendant, you are hereby notified to appear in person or appoint a representative or legal practitioner according to law and send to this Court/Office within seven days, excluding the time for journey, from the date of receipt of this Summons/Notice or from the date of its lawful affixation. If you fail to appear within the stipulated period or fail to send a representative or legal practitioner, the case will be decided according to law, and you shall have no right to any complaint on that matter in the future.
Muluki Civil Procedure Code, 2017

If you fail to appear within the stipulated period or fail to send a representative or legal practitioner, the case will be decided according to law, and you shall have no right to any complaint on that matter in the future. Of the officer issuing the Summons/Notice, -
Signature :
Name :
Position :
Date :
Time :

Date of Service :

(a) Where the Summons/Notice has been received by the person required to receive it

I, the undersigned , having received one copy of the Summons/Notice and a copy of the Complaint/Reply/ issued in my name in the matter of in the presence of the witnesses mentioned hereunder, do hereby sign.

(b) Where the Summons/Notice has been received by a member of the immediate family of the person required to receive it

I, the undersigned , being the (relationship) of the person named in the Summons/Notice , aged years, of the same household, have received one copy of the Summons/Notice and a copy of in the name of the said person in the matter of , as the person required to receive the Summons/Notice refused to accept it / could not be found, in the presence of the witnesses mentioned hereunder, and do hereby sign.

(c) Where the Summons/Notice has been affixed at the doorstep of the person required to receive it

We, the undersigned persons, do hereby sign and state that in the matter of , the person named in the Summons/Notice and any adult member of his/her immediate family could not be found at home / refused to receive the Summons/Notice, and therefore we, in the presence of the witnesses mentioned hereunder, have affixed one copy of the Summons/Notice and a copy of in his/her name at the doorstep of his/her house in a conspicuous manner, and have also delivered one copy to Ward No. of the Rural Municipality/ Municipality, and this is correct.

(d) Where the Summons/Notice has been served without finding the person required to receive it

We, the undersigned persons, do hereby sign and state that in the matter of , the person required to receive the Summons/Notice or his/her house could not be found after search, and therefore we have affixed one copy of the Summons/Notice in his/her name at a public place (specify place) of the concerned Ward or locality, and have sent back the copy of and the served Summons/Notice. Witnesses
We, the undersigned, do hereby sign and state that the Summons/Notice was served in our presence as per clause ( ) above. 1. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. 2.
Muluki Civil Procedure Code, 2017

Witnesses
We, the undersigned, do hereby sign and state that the Summons/Notice was served in our presence as per clause ( ) above. 1. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. 2. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. 3. Shri , aged , residing in Village/Tole , Ward No. , Rural Municipality/Municipality, District. In the presence of

Shri , Member/Secretary/ of the Rural Municipality/Municipality, District. Where affixed at the doorstep / where the village, city or locality is not found

I, the undersigned, do hereby sign and state that one copy of the Summons/Notice in accordance with this has been submitted to be affixed on the notice board of the office of this Ward No. of the Rural Municipality/ Municipality. Signature :
Name of Employee or Officer :
Date :

Of the person performing the service, -
Signature :
Name of Server :
Date :

Schedule-8
(Relating to Sub-section (2) of Section 113)

Form of Receipt for Summons received by a Representative or Legal Practitioner

I have received the summons issued in the name of , the Defendant, for the purpose of delivering it to him/her, in the case of (Case No. of the year ) filed on at Court/Office wherein is the Plaintiff and is the Defendant, for filing a reply, and I hereby grant this receipt. Of the Representative/Legal Practitioner receiving the Summons, -
Signature :
Name :
Certificate Number :
Address :
Date :
Time :

Schedule-9

(Relating to Section 120)

Form of Reply

(To be filled by Court/Office)

Registration No.:
Registration Date:

Reply

Filed in Court/Office

Year , Case Registration No. Defendant: , son/daughter/husband/wife of , aged years, residing at
(If there are more than one Defendant, mention details for each Defendant accordingly.)

Vs. Plaintiff: , son/daughter/husband/wife of , aged years, residing at
(If there are more than one Plaintiff, mention details for each Plaintiff accordingly.)

Case :-

Whereas the summons issued in my/our name in the aforementioned case against the opposite party was received from the Plaintiff/Legal Practitioner/Court on , I/we hereby appear and submit the following reply in respect of the claim in the complaint. 1. Regarding the matters claimed by the Plaintiff, I/we set out the true facts as follows in the paragraphs below:
 (a)
 (b)
 (c)
 (d)
 (e)

2. I/we accept the claim in the complaint fully or partially. (I/we do not accept).

(If the claim is partially accepted, state the basis and reason for acceptance.)

3. If any counterclaim, specify:
 (a)
 (b)
 (c)

4.