Muluki Civil Procedure Code, 2017

Provided that:

(1) If the unexpired limitation period is less than seven days, the limitation period to file a plaint shall be deemed to be saved for seven days.

(2) If the court dismissed the plaint at the time of filing on the ground of lack of jurisdiction, the limitation period to file a plaint under this section shall not be extended solely by reason of the proceedings having been conducted before the court lacking jurisdiction.

(3) After it becomes known that the court where the plaint is registered does not have jurisdiction to proceed with, hear and dispose of it, the concerned person shall not be deemed to be prevented from filing a plaint in the court having jurisdiction within the limitation period under law merely because the plaint was not disposed of by such court.

(4) If a plaint is registered fraudulently by concealing the fact that the limitation period under law has already expired, jurisdiction shall not be deemed to be established solely by reason of the registration of such plaint.

५८. हदम्याद नगुज्रने : If a person is unable to register a plaint within the limitation period due to any of the following circumstances beyond his control, and the limitation period has expired, and he registers a plaint within the following periods, the court shall, subject to Section 59, register such plaint notwithstanding anything else contained in this Chapter:

(a) If a person who was required to file a plaint has suffered the death of a relative and, according to custom, he himself is required to observe mourning (Kiriya) or mourning equivalent to Kiriya under मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । — within seven days, excluding the time for travel, from the date on which fifteen days have elapsed from the date of death of such person.

(b) If the person required to file a plaint is a woman who has given childbirth — within sixty days, excluding the time for travel, from the date of childbirth.

(c) If the road is blocked by a river, landslide or snow, or a curfew is declared, or public transport is not operating for any other reason — within fifteen days, excluding the time for travel, from the date the road opens or public transport resumes.

(d) If the person required to file a plaint has been kidnapped or taken hostage — within fifteen days, excluding the time for travel, from the date of release from such kidnapping or hostage.

(e) If a disaster such as an earthquake or volcanic eruption has occurred — within ten days, excluding the time for travel, from the date of such disaster.

(f) If, due to an accident, the person becomes unconscious or unable to move, or due to a sudden severe illness is unable to move and is admitted to a hospital and remains undergoing treatment — within fifteen days, excluding the time for travel, from the date of such admission.

५९. हदम्याद गुज्रनुको कारणको प्रमाण पेश गर्नुपर्ने : (1) When filing a plaint due to the circumstances under Section 50 or 58, if a person could not file the plaint within the limitation period, he shall submit a petition to the court along with the evidence necessary to substantiate such fact.

(2) If a person, stating the reason for being unable to submit evidence along with the petition under subsection (1), requests time for the same, the court may grant such time as it deems appropriate, not exceeding fifteen days, to the person wishing to file the plaint for submitting such evidence.

६०. स्वीकृति प्राप्त गरेको मितिबाट हदम्याद प्रारम्भ हुने : If, before filing a plaint against any person, institution or office-bearer, it is necessary to obtain the approval of any person under law, the limitation period for filing a plaint in that regard shall be deemed to commence from the date the concerned person receives the notice of such approval.

६१. अधिकारी तोकिएपछि हदम्याद प्रारम्भ हुने : If, under any law, the authority to designate an officer, court or body to hear a case is vested in the Government of Nepal, any other body or office-bearer, and if such officer, court or body is designated within the limitation period, the limitation period for filing a plaint under the relevant law shall commence accordingly; if not so designated, it shall commence from the date of such designation, and the plaint shall be filed within thirty-five days.