Muluki Civil Procedure Code, 2017

Chapter-7

Provisions Relating to Plaint and Presentation of Claim

८५. दाबी पेश गर्नु पर्ने : (1) If any person wishes to enforce a claim under law, he shall file such claim in court.

(2) When filing a claim under subsection (1), a plaint shall be submitted to the court in compliance with the procedure and conditions under this Chapter.

८६. हक पु

(12) Notwithstanding anything contained in subsection (11), when serving summons in the name of a government office, constitutional body, or court, such summons shall be served by delivering it to the head of that office, the administrative chief, or any officer responsible for such matters, or the officer acting on their behalf, and if no such officer is available, by stating the same and delivering the summons to that office, body, or court.

(13) When summons must be served in that capacity in the name of any government office, constitutional body, court, any organized institution, or its officers or employees, it shall be served by delivering it to such office, body, court, or institution, or its officers or employees.

(14) If summons cannot be served in accordance with subsections (11), (12), and (13), the process server shall submit a report to the relevant court within three days, stating the reason thereof.

(15) Upon submission of a report pursuant to subsection (14), the court may order that summons be served by post in the name of such office, body, court, or organized institution, or its officers or employees, in that capacity.

(16) If an order has been made pursuant to subsection (15), when sending summons in that capacity to such office, body, court, or organized institution, or its officers or employees, it may be served by sending a registered letter from the relevant court stating the same particulars.

(17) After the return receipt of the summons sent by post pursuant to subsection (16) is filed in the court, such summons shall be deemed to have been duly served, except where it is proved otherwise.

(18) Notwithstanding anything contained elsewhere in this section, if the house number or block number of a person residing within the area of any local level has been recorded and marked sequentially, and if the court has approved that summons may be served by post to that place or for such person’s business, occupation, or any matter, the court may serve summons subject to that provision.

(19) If a report is received from the concerned process server that a summons issued in the name of any person who is an officer or employee of any government office, constitutional body, court, or organized institution cannot be served pursuant to subsections (2), (3), (4), and (5), the court may order that summons be served on such person pursuant to subsection (13) or (15).

(20) If an order has been made pursuant to subsection (19), the court shall serve the summons or notice in the name of the concerned person in accordance with such order.

(21) Notwithstanding anything contained elsewhere in this section, if the parties to a case have arranged for an address for exchanging electronic information such as email, fax, etc., for the purpose of giving notice to each other regarding any document, related matter, or transaction, or for sending summons in relation to the dispute, the court may serve summons through electronic information at such address.

(22) If, after adopting the procedures mentioned in various subsections of this section, a report is received from the process server stating that summons could not be served in the name of the concerned person, and if the contents of the report appear reasonable, the court shall order that summons be served by publishing it in national daily newspapers in the name of such person.

(23) If an order has been made pursuant to subsection (22), summons shall be served in accordance with that order.

(24) The expenses incurred for serving summons by publication in national daily newspapers pursuant to subsection (22) shall be borne by the concerned party.