chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

THE CIVIL PROCEDURES CODE A Bill Made to Amend and Consolidate Laws Relating to Civil Procedures Preamble: Whereas, it is expedient to make the civil procedure simplified and timely, by amending and consolidating the prevailing laws relating to procedures on filing, proceedings, hearing and settlement of civil cases, and other procedures pertaining thereto, and the execution of decisions made on such cases, Now, therefore, be it enacted by the Constituent Assembly pursuant to clause (1) of Article 83 of the Interim Constitution of Nepal, 2007. Chapter-1 Preliminary 1. Short title and commencement: (1) This Act may be cited as the "Civil Procedure Code, 2010" (2) This Code shall commence on the fourteenth day of the month of April of the year 2011. 2. Definitions: Unless the subject or the context otherwise requires, in this Code: (a) "Court" means the Supreme Court, Appellate Court or District Court, and also includes any other judicial body or authority empowered by law to try and settle civil cases of any specific type. (b) "Law" means the law in force for the time being; (c) "Endorsement" means an order made by the concerned officer of the court on the reverse side or any other part of a document or on a separate paper, that cannot be filed pursuant to law, setting out the grounds and reasons for not filing the document and putting his/her signature thereon. (d) "Civil case" means a case relating to a legal right, status, position, family relation and property, other than a case defined by law as a criminal case, and also includes a case on any of the following matters: (1) matters relating to establishment relationship or divorce, (2) matters relating to fees, remuneration, salary, allowance, wages, compensation, (3) matters relating to partition, succession, donation and gift, testamentary will, guardian, curator, maternal and paternal authority, adoption, (4) matters relating to any right, claim or compensation under any contract, quasi-contract or unjust enrichment, (5) matters relating to any right, claim or compensation relating to tort, quasi-tort or defective product, (6) matters relating to servitudes, (7) Matters relating to any other right or liability of civil nature. (e) "Judge" means an authority of the court who tries, hears and settles a case, and also includes the authority competent to try, hear and settle any specific type of civil cases. (f) "Memorandum of appeal" means a petition, accompanied by own pleas, made by a person who is not satisfied with a decision of the lower court to the higher court for the correction of such a decision. (g) "Statement of defense" means a written statement admitting or rebutting the claims set forth in the plaint and submitted to the court, and also includes deposition equivalent to the statement of defense. (h) "Counterclaim" means a claim made by a defendant on the claim made by a plaintiff. Civil procedure code
Civil procedure code

(i) "Defendant" means a person who submits a statement of defense, and also includes a person who makes a deposition as if he/she were a defendant or a person who has been set by the court as a defendant. (j) "Plaint" means a complaint, suit, claim or petition praying for the establishment of one's right, interest or concern on any matter or the execution of one claim, and also includes a deposition equivalent to a plaint or a counterclaim set forth in the statement of defense. (k) "Case-file" means a file that records a plaint, statement of defense, memorandum of appeal, petition and proofs and evidence and other documents as collected. (l) "Case" means a civil case. (m) "Summons" means a notice or summons issued by a court in the name of any person in the course of proceedings on a case. (n) "Plaintiff" means a person who makes a plaint and also includes a person who submits a counter-claim, as well. (o) "Local body" means the village development committee or municipality, as the case may be. (p) "Property" means a movable or immovable property. 3. Matters set forth in separate law not to be affected: (1) The provisions set forth in several procedural laws made on several matters shall govern such matters, and nothing contained in this Code shall affect such matters. (2) This Code shall apply to the procedures not set forth in the laws as referred to in sub-section (1). Chapter-2 General Principles of Civil Procedure Code 4. Principles to be followed in civil cases: In trying, hearing and adjudicating, the courts shall generally follow the principles and provisions set forth in this Chapter. 5. Hearing to be held in open bench: Except as otherwise provided for in law or except as otherwise ordered by the court on a petition by a party of a case, cases shall be tried, heard and adjudicated in open bench. 6. Hearing to be held by competent court: A case shall be tried, heard and adjudicated by a competent court in accordance with law. 7. Question of entitlement to be adjudicated by court only: If there arises a question of entitlement or disentitlement on any matter, such a question shall be settled by a regular court only. Explanation: For the purposes of this Code, the expression "regular court" means the District Court, Appellate Court or Supreme Court. 8. Dispute relating to legal status to be settled by court: (1) A dispute relating to settlement of relationship, divorce or legal status of any person shall be adjudicated by the regular court only. (2) If it appears, in the course of proceedings of a case, that the other matters should be tried, heard and adjudicated only after the settlement of the question of entitlement, and a case is _sub judice_ in any other court or body, the court shall order the parties to obtain settlement of the question of entitlement from the regular court. 9. Civil procedure code
Civil procedure code

Status of parties to be equal: (1) In trying, hearing and adjudicating a case, the status of parties to the case shall equal. (2) The court shall treat each party equally. (2) If, in the course of proceedings of a case, the Government of Nepal, any body thereof or any legal person is present before the court as a plaintiff or defendant, except as otherwise provided for in law or except as otherwise ordered by the court, the Government of Nepal, any body thereof or any legal person may not claim any separate status, facility, concession, immunity or exemption, in the course of proceedings of cases. 10. _Locus standi_ to make plaint: A person who desires to make a claim by filing a plaint in any court, the person shall show his/her _locus_ _standi_ by mentioning in the plaint the matter that he/she has right to make such a claim or demand or has legitimate interest or concern therein or therewith. 11. Jurisdiction not to be in vacuum: (1) A court or judicial authority as specified by law to try, hear and adjudicate any case shall have the jurisdiction to try, hear and adjudicate such a case. (2) If no court is specified to have jurisdiction pursuant to sub-section (1), the concerned district court shall be deemed to have jurisdiction to originally try, hear and adjudicate such a case. 12. Prohibition on avoidance of decision making: (1) A judge shall avoid making decision on the ground that law is inadequate or unclear. (2) In the event of occurrence of the circumstance as referred to in sub-section (1), decision shall have to be made based on recognized principles of law and justice. 13. Opportunity to be given for compromise or mediation: (1) Prior to passing a judgment on any case, the court shall have to give opportunity to the parties to compromise such a case or enter into a compromise by following the procedures of mediation. (2) If, in giving opportunity pursuant to sub-section (1), if the parties agree to enter into compromise or undergo the procedures of mediation, the case shall be capable of being settled through compromise or mediation, irrespective of the level trying the case. 14. Principle of _res judicata_ to be followed: In hearing and adjudging a case, the same court shall not make hearing and pass a judgment more than once in the case on the same matter involving the same plaintiff and same defendant. 15. Right of appeal: Where any case has been originally tried, heard and adjudged, a party who is not satisfied with such a judgment shall have the right to make an appeal against such a judgment to the appeal hearing court from the court that has made such a judgment, in accordance with law. Chapter-3 Provisions Relating to Jurisdiction 16. Jurisdiction to be specified: (1) In order to try, hear and adjudicate a case, the court shall have jurisdiction to that effect pursuant to law. Civil procedure code
Civil procedure code

(2) Any proceeding, hearing or adjudication made in the course of a case by a court without jurisdiction shall be void. (3) In passing a verdict, the court shall have to specify in the judgment the matter of under which law it has jurisdiction. 17. Jurisdiction of court: The court shall have powers, as provided for in law, to try, hear and settle cases, hear appeals therefrom, revise or review them. 18. District court to have jurisdiction: (1) In relation to the cases relating to any immovable property, to servitudes, ditches and borders, requiring an on-site examination or inquiry by the nature of the subject-matters of cases and any cases requiring the examination of any land, house or place in view of plaints, the district court of the district where such land or house is located shall have jurisdiction to try, hear and settle such cases. (2) The concerned district court shall also try, hear and adjudicate the following matters, in addition to the cases set forth in sub-section (1): (a) A case involving the question of rent, crop or amount in question or relating to the ownership, possession of or entitlement, disentitlement to a property, (b) A case relating to attachment to or preemption of an immovable property, (c) Division of an immovable property, (d) A case relating to furnishing an immovable property in security, mortgaging, possessing and foreclosing such property, (e) A case relating to any concern or condition on an immovable property, (f) A case relating to compensation related with an immovable property. (3) Notwithstanding anything contained in sub-section (1) or (2), a partition case shall be tried, heard and settled by the district court of the district where the defendant is residing. 19. District court of district where defendant resides or act done to have jurisdiction: (1) Any case other than those set forth in Section 18 shall be tried, heard and settled by the district court in which plaint is filed, out of the district court of the district where the act is done or the district court of the district where the defendant resides. Explanation: For the purposes of this Section, the expression "district where the defendant resides" means the district where the defendant has abode and also includes, in the case of a legal person, the district where the head office of such a person is situate. (2) If both plaintiff and defendant do any general transaction in any place within Nepal, other than the territory where the plaintiff and the defendant reside, a case relating to such transaction shall be tried, heard and adjudicated by the district court in which plaint is filed, out of the district court in the territory where the transaction has been done or the district court in the territory where the plaintiff resides. Civil procedure code
Civil procedure code

(3) In filing a case of the matter as referred to in sub-section (1), if there are two or more defendants, the case shall be filed in the district court of the district where more defendants reside. Provided that where the number of defendants residing in more than one district is equal, the plaint may be filed in any district court of the district where such defendants reside. 20. Jurisdiction over cases relating to transaction carried on abroad: Notwithstanding anything contained in sections 18 and 19, where there a provision that a case on the matter of general transaction or contract done or concluded abroad may be filed in any court in Nepal, the district court of the district where the plaintiff or the defendant resides shall have jurisdiction to try, hear and settle the case. 21. Jurisdiction over transaction done abroad Nepalese aircraft and ship: The court of Nepal shall, subject to Section 20, have jurisdiction to try, hear and adjudicate a case on any transaction done abroad a Nepalese aircraft or ship, registered in Nepal in accordance with law, while such an aircraft or ship is outside Nepal. 22. Higher court to have jurisdiction: If a case is filed in both lower and higher courts on any matter falling under the jurisdiction of the lower court and the higher court pursuant to law, the higher court shall have the jurisdiction to try, hear and settle the case. 23. Court to have jurisdiction: If a case of any matter is filed in both a court and other quasi-judicial body in accordance with law, the court shall have jurisdiction to try, hear and settle the case. 24. Jurisdiction over case in which public servant is plaintiff or defendant: (1) Notwithstanding anything contained elsewhere in this Chapter, while lodging a plaint by a public servant in his/her official capacity or by a person against a public servant in such capacity, such a plaint shall be lodged in the district court of the district where the office in which such a public servant is in service for the time being. (2) In making a plaint or submitting a statement of defense by a public servant in his/her personal capacity, the public servant may, in fulfillment of the requirements of laws in force, make or submit the same to the district court of the district where he/she in service. (3) The court shall file a plaint or statement of defense tendered for filing pursuant to sub-section (2) and forward the same to the concerned district court. (4) The concerned court shall try, hear and settle the case forwarded pursuant to sub-section (3), in accordance with law. 25. Concerned district court to have jurisdiction: Where any court is not specified by law to have jurisdiction to try, hear and settle any case, the concerned district court shall have jurisdiction to try, hear and settle such case. 26. Civil procedure code
Civil procedure code

Plaint to be maintained in one court only: (1) If a person has filed several plaints on the same matter in several courts, the case shall be maintained in any one district court with the consent of both parties of the case, and information thereof shall be given to the rest courts. (2) If information is received pursuant to sub-section (1), the courts shall annul such plaints. (3) If the parties fail to agree pursuant to sub-section (1), the plaint which has been filed earlier in the court shall be maintained, and the plaints filed in the other courts shall be annulled. 27. Jurisdiction of court hearing appeal: If a case is filed in, and tried, heard and settled by, any court in accordance with this Chapter, the court hearing appeals against the orders or judgments made by such a court shall have jurisdiction to try, hear and settle appeals, as provided for in law. Chapter-4 Provisions Relating to Preparation of Deeds 28. Requirement to be met in preparing deeds: (1) In preparing a deed, it shall be so prepared, clearly setting out the matter on which it has to be prepared, by printing, typing or hand writing that it does not contain any errors and overwriting and cross-out and it has to be signed by the actor or authority concerned with that deed. Explanation: For the purposes of this Chapter, (a) The expression "deed" means any of the following deeds: (1) A deed on any kind of general transaction carried on household, transfer of a movable or immovable property or on mortgage or pledge of a property, (2) A contract, (3) A deed of authorization, power of attorney, deed of consent or other paper of similar nature, (4) Any deed to be submitted to a government office or corporate body, (5) Any kind of deed, including a plaint, statement of defense, memorandum of appeal, petition and petition, to be submitted to the court, (6) Any deed to be issued by a government office or corporate body, (7) Any other deed of similar nature. (b) The term "actor" means a person who has responsibility by the contents of a deed to sign the deed. (c) The term "government office" means a court, office of the Government of Nepal, constitutional body, an office receiving or involving budget or grant from the Government of Nepal, or a local body. (d) The expression "corporate body" means a body and company that is fully or partly owned by the Government of Nepal, and includes a university and community school. Civil procedure code
Civil procedure code

(2) If, in preparing a deed as referred to in sub-section (1), an error is made or contents are to be corrected for any reason, correction shall be made by so crossing out the sentence, word, figure or letter that has to be corrected that such a sentence, word, figure or letter seems to have been otherwise and writing such a sentence, word, figure or letter as required to have been mentioned over or under the cross-out, and the concerned actor shall sign each place where such correction is made. (3) If correction cannot be made by way of cross-out pursuant to sub-section (2) or despite that such correction can be made, the corrected content would create confusion or doubt, another separate deed shall be prepared instead of such a deed. (4) In setting down any amount in a deed as referred to in sub-section (1), the amount shall be set down in both figures and words. (5) If, in setting down any amount pursuant to sub-section (4), there is a difference between the figures and the words, the contents set down in the words shall be valid. 29. Requirements to be met while signing deeds: (1) In signing a deed or causing it to be signed, a person who can write shall write his/her name and sign it, and a person who cannot write shall put his/her thumb impressions on it. (2) Notwithstanding anything contained in sub-section (1), in signing any of the following deeds, a person who can write shall put both of his/her signature and thumb impression on it and a person who cannot write shall put thumb impressions on it and make signature in such a manner as to prove that such a deed has been executed and signed by the actor: (a) A deed related with the transfer of title to, gift, donation, pledge or mortgage of, a movable or immovable property, (b) Power of attorney/authorization letter to be submitted to a government body or body corporate, (c) A deed of partition, will, exchange to be executed between coparceners, (d) A deed of separation of bed and board or joining of bed and board to be executed between coparceners, (e) A deed relating to adoption, (f) A separate receipt executed upon receiving repayment of loan, without making an endorsement on the reverse side of a bond, (g) A deed of loan, pledge, mortgage and also sub-mortgage, deed of term of repayment, guarantee letter and bond, (h) Bailment contract, (i) Unsecured bond ( _Kapali_ ). (3) In signing, pursuant to sub-section (1), a deed to be issued by a government office or corporate body shall be signed by the concerned authority indicating his/her name and designation, and such a deed shall also contain the date of its issued. 30. Requirements to be met while putting signature on deeds: (1) A person who can write shall have to write his/her full name, surname and address in a deed, and sign the deed. Civil procedure code
Civil procedure code

(2) In putting signature pursuant to sub-section (1), the other places may be initialed by putting the full signature on the principal pace of signature. (3) In putting signature pursuant to sub-section (1), if a deed of the same matter contains more than one page, the actor shall be required to sign it shall so initial the top and bottom of each page that no content can be added to or deleted from the deed and put the full signature on the principal place of signature. (4) If any deed is affixed or joined, the actor shall initial each joint and place of such affixation or joint. 31. Requirements to be met while putting or causing to be put finger impressions on deeds: (1) In putting or causing to be put finger impressions on a deed, the person putting finger impressions on the deed shall put impressions of the thumb in his/her right hand on the deed. (2) In putting or causing to be put finger impressions pursuant to sub-section (1), if the person putting finger impressions has no thumb in the right hand or despite having such a thumb, the wheel like and conch like marking therein are not clear, the person shall put the impression of thumb in the left hand, if the person has no thumb in both hands or despite having them, the wheel like and conch like marking therein are not clear, the person shall put impression of another figure having clear marking, in the right or left hand, on the deed, setting out the same reason. (3) In putting or causing to be put impressions of thumbs in both hands in accordance with law, if the actor has no thumb of any hand or the conch like marking therein are not clear, the actor shall put impression of such another finger in the same hand as having clear marking and the thumb of the hand, in which wheel like and conch like marking therein are clear. (4) In putting or causing to be put impressions of thumbs of both hands, the actor shall put the impression of any one such figure each in the both hands as in which the wheel like marking and conch like marking are clear if the actor has no thumb in both hands or despite have the same, the wheel like marking and conch like marking therein are not clear. (5) In putting, or causing to be put, finger impressions pursuant to sub-section (4), if one hand has no figure at all or despite have any figure, the wheel like marking and conch like marking are not clear, the impression of any such one or two fingers, as required, in the same hand as wheel like marking and conch like marking in which are clear shall be put, or caused to be put, on the deed. Civil procedure code