yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 209: Appeal to be registered in appeal hearing court:
Subsection (2)
(1) In making an If any person tenders a memorandum of appeal for registration pursuant to sub-section (1), the court shall examine whether it is made within the time-limit referred to in Section 205, whether the fee chargeable for registering appeal is paid and whether the appeal meets the requirements pursuant to this Chapter or not, and register it if it appears to meet such requirements, and give a receipt in the form referred to in Schedule-3 to the concerned party.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 209: Appeal to be registered in appeal hearing court:
Subsection (3)
(1) In making an If, in examining a memorandum of appeal pursuant to sub-section (2), it does not appears to meet the requirements, the court shall, for the reasons to be recorded, not register the memorandum of appeal, and make endorsement on it.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 210: Appeal may be registered in case adjudging court:
(1) Notwithstanding anything contained in Section 209, a memorandum of appeal may also be registered through the court adjudging a case.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 210: Appeal may be registered in case adjudging court:
Subsection (2)
(1) If a memorandum of appeal is tendered for registration pursuant to sub-section (1), such a court shall register the memorandum of appeal in fulfillment of the procedures referred to in Section 209. 140
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 210: Appeal may be registered in case adjudging court:
Subsection (3)
(1) The memorandum of appeal registered pursuant to subsection (2), accompanied by the concerned case-file, shall be sent to the appeal hearing court within three days.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 210: Appeal may be registered in case adjudging court:
Subsection (4)
(1) If the appellant who registers a memorandum of appeal pursuant to this Section wishes to be on recognizance, a date shall be appointed for him or her to appear in the concerned appeal hearing court.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 211: Appeal may be registered by government employee in court of
area of his or her service: (1) If any government employee is to make an appeal in a case involving his or her right, interest and concern and is not able to appear in person in the appeal hearing court because of a government business, he or she may register the appeal, setting out the reason therefor, through such type of appeal hearing court, if any, available in the territory where he or she is in service or in absence of a such court, through the District Court in the territory where he or she is in service.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 211: Appeal may be registered by government employee in court of
Subsection (2)
If an appeal is tendered for registration pursuant to subsection (1), such a  court shall register the appeal in fulfillment of the procedures referred to in Section 209.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 211: Appeal may be registered by government employee in court of
Subsection (3)
If an appeal is registered pursuant to sub-section (2), the court registering the memorandum of appeal shall send such a memorandum of appeal, along with verification that the memorandum of appeal has been registered and the concerned employee making appeal is in service in that area, to the concerned appeal hearing court within three days. 141
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 211: Appeal may be registered by government employee in court of
Subsection (4)
If a government employee who makes an appeal pursuant to this Section wishes to remain on recognizance, the memorandum of appeal registering court shall hold him or her on recognizance and send information thereof to the concerned appeal hearing court.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 212: To procure case-file:
(1) The appeal hearing court shall, within three days of the registration of a memorandum of appeal, ask the concerned court to send the case-file of the concerned case.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 212: To procure case-file:
Subsection (2)
(1) The appeal hearing court shall, within If the case-file is asked pursuant to sub-section (1), the concerned court shall send the case-file to the appeal hearing court within three days of receipt of the letter.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 213: To order respondent to appear:
(1) The appeal hearing court shall, within fifteen days after the receipt of the case-file from the lower court pursuant to Section 212, conduct hearings as to whether it is necessary to order the appearance of the respondent and hear the case, as prayed by the appellant.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 213: To order respondent to appear:
Subsection (2)
(1) The appeal hearing court shall, If, upon holding hearings pursuant to sub-section (1), it does not seem that the verdict made by the lower court will be reversed, the appeal hearing court shall adjudge it as so held.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 213: To order respondent to appear:
Subsection (3)
(1) The appeal hearing court shall, If, upon conducting hearings pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 213: To order respondent to appear:
Subsection (1)
(1) The appeal hearing court shall, , it seems that the verdict made by the lower court may be reversed, the appeal hearing court shall, for the reasons to be recorded, order the appearance of the respondent for hearings.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 214: Service of process on respondent:
(1) If an order to summon the appearance of the respondent is made pursuant to sub-section (3) of Section 213, the appeal hearing court shall serve the process, in the 142 format referred to in Schedule-22, on the respondent, thereby ordering him or her to appear within fifteen days, except the time required for journey.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 214: Service of process on respondent:
Subsection (2)
(1) If an order to summon the Notwithstanding anything contained in sub-section (1), the appeal hearing court may itself serve the process referred to in sub-section (1) if it so wishes or cause it to be served through the court adjudging the case originally, in fulfillment of the requirements referred to in Chapter-8.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 214: Service of process on respondent:
Subsection (3)
(1) If an order to summon the After the process is served pursuant to sub-section (2), the respondent may, if he or she so wishes, submit defenses in writing to the appeal hearing court.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 214: Service of process on respondent:
Subsection (4)
(1) If an order to summon the If the respondent so wishes, the court shall proceed, hear and adjudicate the case, by holding him or her on recognizance.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 215: Appeal to be heard:
(1) After the service of the process pursuant to Section 214, the appeal hearing court shall appoint the date for appearance for the hearing if the respondent is present and both the appellant and respondent are on recognizance and hear the appeal on that day, and even though either or both of the parties are not on recognizance, it shall appoint the date for appearance for hearing the appeal and hear it on that date.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 215: Appeal to be heard:
Subsection (2)
(1) After the service of the process pursuant to After the service of the process pursuant to Section 214, the appeal hearing court shall hear the appeal in spite of the absence of the respondent.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 215: Appeal to be heard:
Subsection (3)
(1) After the service of the process pursuant to Upon hearing the appeal pursuant to sub-section (1) or
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 215: Appeal to be heard:
Subsection (2)
(1) After the service of the process pursuant to , the appeal hearing court shall make verdict as so held. 143
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 215: Appeal to be heard:
Subsection (4)
(1) After the service of the process pursuant to The appeal hearing court shall make appellate judgment in the format referred to in Schedule-23.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 216: Powers of appeal hearing court:
(1) In hearing an appeal pursuant to Section 215, the appeal hearing court shall have the following powers: (a) To uphold or withhold the judgment of the lower court, (b) To reverse, in whole or in part, the judgment of the lower court, (c) Where the judgment has been made without examining such evidence as required to have been examined, to make such an examination by itself or to order the lower court to make such an examination, (d) If any particular issue required to have been adjudged in the case has not been adjudged, to adjudge the issue itself or order the lower court to adjudge it, (e) To make any consequential or incidental change in the judgment of the lower court.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 217: To exercise powers of the court of first instance: In proceeding,
hearing or adjudging a case in appeal pursuant to this Chapter, the appeal hearing court may exercise such powers as may be exercised by the court of first instance.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 218: Verdict to be made by making simultaneous hearings:
(1) Even if various parties to a case make separate appeals against the verdict made by the lower court in the same case, all appeals shall be heard simultaneously and verdict made as so held. 144
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 218: Verdict to be made by making simultaneous hearings:
Subsection (2)
(1) Even if Even though, in making a verdict pursuant to subsection (1), any appeal is already decided for any reason, verdict shall be as so held in the remaining appeals as if such an appeal were not adjudged previously. 145
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 219: Revision of cases:
(1) The Supreme Court may, in the following circumstance, revise a judgment or final order made by a High Court in a case not appealable to the Supreme Court pursuant to law: (a) If the judgment or final order of the High Court involves a serious error in the interpretation of the Constitution or law, (b) If any legal principle or precedent established by the Supreme Court has not been complied with or has been applied with wrong interpretation, (c) If any government or public property is misappropriated or any damage is caused to such property or ownership or possession of a person is established in an unauthorized manner over such property due to the lack of proper and correct evaluation of the evidence contained in the case-file of a case involving a dispute relating to such government or public property, or (d) If the verdict is materially affected due to the lack of proper representation of a child, woman, person with disability, person suffering from mental disease or person above seventy-five years of age.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 219: Revision of cases:
Subsection (2)
(1) The Supreme Court may, in the following A petition may be made to the Supreme Court or through the High Court making such a verdict for the revision of the case within forty-five days from the date of knowledge of the judgment in the case made by the High Court. 146
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 219: Revision of cases:
Subsection (3)
(1) The Supreme Court may, in the following The petition to be made pursuant to sub-section (2) shall be accompanied by such details and documents as prescribed.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 219: Revision of cases:
Subsection (4)
(1) The Supreme Court may, in the following If a petition is received for the revision of a case pursuant to sub-section (2), the Supreme Court shall conduct hearing as to whether the circumstance referred to in sub-section (1) exists in the judgment or final order of the High Court or not.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 219: Revision of cases:
Subsection (5)
(1) The Supreme Court may, in the following If, in conducting hearing pursuant to sub-section (4), it appears that the judgment or final order of the High Court contains any circumstance referred to in sub-section (1), the Supreme Court shall order for the appearance of the other parties to such a case in order to revise the case.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 219: Revision of cases:
Subsection (6)
(1) The Supreme Court may, in the following If the other party to the case appears pursuant to subsection (2), the Supreme Court shall hear and adjudge the case, in presence of that party as well. Provided that nothing shall bar from adjudging the case by the reason that the other party to the case remains absent.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 220: Provision relating to review:
(1) No case in which judgment or final order is made by a court may be reviewed by the same court.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 220: Provision relating to review:
Subsection (2)
(1) No case in which judgment or Notwithstanding anything contained in sub-section (1), the Supreme Court may, subject to the laws in force, review its judgment or final order in following circumstance: (a) If the concerned party comes to know or otherwise discovers any evidence or fact likely to materially affect the verdict or final order made in the case only after the adjudication of the case, or 147 (b) If it appears that the judgment or final order is contrary to the precedent or legal principle established by the Supreme Court.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 220: Provision relating to review:
Subsection (3)
(1) No case in which judgment or If any circumstance referred to in sub-section (1) exists in a judgment or final order made by the Supreme Court, a petition, setting out the reasons therefor, may be made to the Supreme Court within sixty days from the date on which the Judge of the Supreme Court authenticated the judgment or final order by signing it, and if a petition is made in the circumstance referred to in clause (b), a copy of such a precedent or principle shall also be attached.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 220: Provision relating to review:
Subsection (4)
(1) No case in which judgment or If, in examining the petition received pursuant to subsection (2), its contents seem to be reasonable, the Supreme Court shall make an order to review such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 220: Provision relating to review:
Subsection (5)
(1) No case in which judgment or The Supreme Court shall not review its judgment or final order in the following circumstance: (a) If such a judgment or final order was once reviewed, (b) If the judgment or final order was made by the Grand Full Bench, (c) If the verdict was made by the Constitutional Bench, (d) If the case was already adjudged by way of revision pursuant to the laws in force prior to the commencement of this Act, or (d) If the verdict of the High Court was upheld in the case reviewed pursuant to Section 219, or a decree to revise it was not granted. 148
The National Civil Procedure (Code) Act, 2017
Chapter-20: Revision and Review of Cases
Section 221: Case to be adjudicated being confined to relevant matters: In
revising a case pursuant to Section 219 or reviewing a case pursuant to Section 220, the case shall be adjudicated, being confined only to such grounds and relevant matters as on which the Supreme Court has made an order to revise or review the case. 149
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 222: Not to expire time-limit or date for appearance: No person shall
expire the time-limit or date for appearance specified by the court in relation to any case.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 223: Expired time-limit or date for appearance may be extended
Notwithstanding anything contained in this Section 222, a party who expires the time-limit or date for appearance appointed in a case upon being unable to appear in the court on or before the appointed time-limit or date for appearance owing to a circumstance beyond his or her control may extend the time-limit for up to fifteen days for one time and the date for appearance for up to twenty-one days for a maximum of two times.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 224: Fixation of instance:
(1) In fixing the instance where a party to the case expires the date for appearance, the instance shall be fixed by reckoning only the expired date for appearance without reckoning the extended time-limit.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 224: Fixation of instance:
Subsection (2)
(1) In fixing the instance where a party to the In reckoning the days for the extension of the time-limit or date for appearance expired by a party to the case, there shall be reckoned the days up to the day allowed to be extended with effect from the following day of the day of expiration of the time-limit or date for appearance.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 224: Fixation of instance:
Subsection (3)
(1) In fixing the instance where a party to the Notwithstanding anything contained elsewhere in this Section, the instance of the time-limit or date for appearance extended previously shall not be computed where the case is 150 remanded by a court to a lower court to re-adjudge it or the adjourned case is revived and proceeded.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 225: Extension of expired time-limit or date for appearance:
(1) Notwithstanding anything contained elsewhere in this Act, if any party to a case makes a petition, stating that the time-limit or date for appearance has been expired owing to the occurrence of any of the following circumstances beyond control, to the concerned court within the following period, for the extension of such time-limit or date for appearance, and the court shall order the extension of such expired time-limit or date for appearance: (a) In the case of expiration of the time-limit or date for appearance because of that the person required to appear within the time-limit or at the date for appearance had to observe obsequies or mourning on his or her own according to the rituals and custom of his or her community, at the demise of any one of him or her, twenty-one days, excluding the time required for journey, after the date of such a death, (b) In the case of expiration of the time-limit or date for appearance because of that the woman required to appear within the time-limit or at the date for appearance delivered a child, forty-five days, excluding the time required for journey, after the date of her delivery, (c) In the case of expiration of the time-limit or date for appearance because of that the route remained closed due to flood, landslide or snow-fall or means of public 151 transportation did not ply due to declaration of curfew or any other reason, seven days, excluding the time required for journey, after the date of resumption of such route or means of public transportation, (d) In the case of expiration of the time-limit or date for appearance because of that the person required to appear within the time-limit or at the date for appearance was abducted or taken hostage by any one, ten days, excluding the time required for journey, after the date of being released from abduction or hostage-taking, (e) In the case of expiration of the time-limit or date for appearance because of the occurrence of a disaster such as earthquake and volcano eruption, ten days, excluding the time required for journey, after the date of occurrence of such calamity. (f) If the person, because of being unconscious or unable to make movement because of any accident or being unable to make movement due to suffering from any severe disease all of a sudden, had to undergo treatment in a hospital, fifteen days, excluding the time required for journey, after the date of such cause.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 225: Extension of expired time-limit or date for appearance:
Subsection (2)
(1) A petition to be made for the extension of the expired time-limit or date for appearance pursuant to sub-section (1) shall be accompanied by such evidence as may be necessary to prove the occurrence of the circumstance referred to in that sub-section. 152
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 226: To take over case: If, during the pendency of proceeding of a case
in a court, prior to judgment in the case, the time-limit or date for appearance appointed by the court expires because of the death of any party to the case or being unsound mind even until the period referred to in clause (f) of sub-section (1) of Section 225 or his or her disappearance, his or her guardian or nearest successor, in absence of the guardian, may make a petition to the court for the extension of the time-limit or date for appearance and taking over the case, within twenty-one days, excluding the time required for journey, after the date of his or her death, unsoundness or disappearance.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 226: To take over case: If, during the pendency of proceeding of a case
Subsection (2)
If, in examining the petition made pursuant to subsection (1), its contents appear to be reasonable, the court may allow such a case to be continued and extend the expired time-limit or date for appearance.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 227: Computation of time required for journey:
(1) The court shall, in computing the time required for journey compute the time required for journey according to the actual days required to make journey by bus or rail in the case of a place where regular transport service is available and at the rate of one day for every fifteen kilometers in the case of a place where such bus or rail service is not available.
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 227: Computation of time required for journey:
Subsection (2)
(1) The court shall, in In computing the time required for journey pursuant to sub-section (1), the time-limit of one day shall be set for a distance of less than fifteen kilometers. Provided that no time required for journey shall be given for a distance of less than fifteen kilometers. 153
The National Civil Procedure (Code) Act, 2017
Chapter-21: Provisions Relating to Extension of Time-limit and Date for
Section 228: Not to adjudicate until the extendable period: Even though a party
to the case fails to appear within the time-limit or on the date for appearance appointed by the court and expires such time-limit or date, the court shall not hear and adjudicate the case pending the termination of the period allowed to be extended pursuant to Section 223 or 225. 154
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 229: Records to be prepared:
(1) If the court makes a judgment ordering the enforcement, registration and de-registration of the matter, transmission, pre-emption, partition, realization of claimed amount, recovery of fine or realization of court fee, the concerned employee shall, as soon as possible, prepare a record thereof and send it to the bailiff section (Tahasil Sakha) within three days of the preparation of the judgment. Explanation: For the purposes of this Chapter, the term "claimed amount" means any amount whatsoever including compensation awarded by a judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 229: Records to be prepared:
Subsection (2)
(1) If the court makes a judgment ordering Upon receipt of the record pursuant to sub-section (1), the concerned employee shall create a separate case-file, attaching therewith a copy of the judgment, for the execution of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 229: Records to be prepared:
Subsection (3)
(1) If the court makes a judgment ordering If the record referred to in sub-section (2) has been prepared by the appeal hearing court, the concerned employee shall forward such a case-file, accompanied by the record, to the concerned district court within three days of the preparation of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 230: Execution of judgment or order by concerned district court:
(1) The district court where the plaint or complaint was filed shall execute the judgment made in such a case irrespective of the level of the court making judgment in the case. 155
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 230: Execution of judgment or order by concerned district court:
Subsection (2)
(1) The concerned district court shall execute the judgment in a case originally proceeded and adjudicated by the appeal hearing court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 230: Execution of judgment or order by concerned district court:
Subsection (3)
(1) Notwithstanding anything contained elsewhere in this Section, if the district court to execute the judgment or order cannot be ascertained because of the subject matter of the case, the district court designated by the appeal hearing court shall execute the judgment or order in that case.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 230: Execution of judgment or order by concerned district court:
Subsection (4)
(1) Notwithstanding anything contained elsewhere in this Section, the concerned body shall execute any judgment or order made by any body other than the regular court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 230: Execution of judgment or order by concerned district court:
Subsection (5)
(1) Notwithstanding anything contained in sub-section (4), the court shall execute a judgment in accordance with this Act except as otherwise provided by law for the execution of judgment or order.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 230: Execution of judgment or order by concerned district court:
Subsection (6)
(1) If the court makes a judgment or order for reinstating or removing any one in or from any office, the court shall, except as otherwise provided in this Act or the laws in force, send a precept to the concerned body or office for the execution of such a judgment or order within three days of the making of such a judgment or order.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 230: Execution of judgment or order by concerned district court:
Subsection (7)
(1) Upon receipt of a precept pursuant to sub-section (6), the concerned body or office shall execute it accordingly and give information thereof to the concerned court. If such information is not given, the court may order also to take departmental action against the person who acts as the chief of the concerned body or office. 156
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 231: Stay of execution of judgment: Notwithstanding anything
contained in Section 230, the court shall stay the execution of a judgment in the following circumstance: (a) If the judgment is appealable, until the expiration of the time-limit for making appeal, (b) If an appeal is made in a case which is appealable under law, until the final adjudication of the case at the appellate level, (c) If an order is made to review a case pursuant to Section 219, until the adjudication thereof, (d) If an order is made to revise a case pursuant to Section 220, until the final adjudication thereof.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 232: Not to bar execution of judgment or deed of compromise
Notwithstanding anything contained elsewhere in this Chapter, noting shall bar the execution of a judgment or deed of compromise in the following circumstance: (a) If a petition made by a party for the review or revision of a judgment made in any case is sub judice in a court, to execute the judgment made in such a case, except as otherwise ordered by the court, merely by the reason that such a petition has been made, (b) Even though a case for the withhold of a judgment or deed of compromise is filed by any one, to execute the judgment or deed of compromise made in that case, except as otherwise ordered by the court, 157 (c) If appears that the property which is the subject matter of a case will get disordered if the judgment in the case is not executed immediately or if the winning party of a case involving payment of compensation makes a written commitment to bear compensation for any loss caused to the other party if the winning party subsequently looses the case at the appellate level, to execute such a judgment by the court prior to the expiration of the time-limit for making appeal or prior to making of appellate judgment in such a case, (d) If the parties to a case sub judice in the court agree on any matter of the case and the matter so agreed can be separated and executed accordingly, and the court makes an order to that effect.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 233: Attorney may be appointed: If any party to the case is not able to
appear in person in the course of the execution of judgment, the party may appoint and assign an attorney for that purpose.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 234: Opportunity to be given for compromise or mediation:
(1) Notwithstanding anything contained elsewhere in this Chapter, if the parties wish to execute the judgment by way of compromise or mediation, they may make a joint petition, setting out that matter, to the court. Provided that no petition may be made for compromise or mediation in the matter of recovery of a government claimed amount. 158
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 234: Opportunity to be given for compromise or mediation:
Subsection (2)
(1) If a petition is received from the parties for compromise or mediation pursuant to sub-section (1), the court shall provide the parties with opportunity to execute the judgment by way of compromise or mediation within such reasonable period as specified by it.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 234: Opportunity to be given for compromise or mediation:
Subsection (3)
(1) If the parties agree to execute the judgment by way of compromise or mediation within the period specified pursuant to sub-section (2), the concerned court or the officer assuming the responsibility of the court's bailiff shall execute a deed of compromise between the parties in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 234: Opportunity to be given for compromise or mediation:
Subsection (4)
(1) If the parties do not agree to execute the judgment by way of compromise or mediation within the period specified pursuant to sub-section (2), the court shall execute the judgment in pursuance of the procedures referred to in this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 235: Parties to remain on recognizance:
(1) If the court of first instance delivering a judgment in a case makes it ordering the enforcement, registration or de-registration of the matter, transmission, preemption, partition, and realization of claimed amount, among others, and the parties to the case are present in the court, the court shall so appoint the date for the parties to appear for the purpose of executing the judgment that the date for appearance falls after the period of expiration of the time-limit for making an appeal in such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 235: Parties to remain on recognizance:
Subsection (2)
(1) If the court of first instance If an appeal is made in such a case within the date appointed pursuant to sub-section (1), the court shall so discontinue the recognizance of the parties and abate the case-file of such a case as the matter will be dealt with in accordance with judgment by the High Court. 159
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 235: Parties to remain on recognizance:
Subsection (3)
(1) If the court of first instance If the parties to the case are present in the court as set forth in sub-section (1) after the final judgment made also by the appeal hearing court, the court shall appoint the date for the parties to appear for the purpose of executing the judgment and send the parties to appear in, and forward the case file to, the concerned court of first instance, and send it to such a court, stating the matter, if the parties are not present.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 235: Parties to remain on recognizance:
Subsection (4)
(1) If the court of first instance If the parties to the case appear in the court of first instance pursuant to sub-section (3), the court shall hold the parties who are present on recognizance for the purpose of executing the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 235: Parties to remain on recognizance:
Subsection (5)
(1) If the court of first instance If an intimation is received from the appeal hearing court that the parties are not on recognizance pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 235: Parties to remain on recognizance:
Subsection (3)
(1) If the court of first instance , parties do not appear on the appointed date for appearance or the case becomes final upon the judgment of the court of first instance not being appealed and the parties to any case do not appear in the court, the court of first instance shall issue a process of fifteen days in the format referred to in Schedule-24, ordering the parties to appear in the court for the purpose of executing the judgment. Provided that if any or both of the parties to the case be not on recognizance, such a process shall be sent to the party who is not on recognizance within three days of the receipt of the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 235: Parties to remain on recognizance:
Subsection (6)
(1) If the court of first instance Notwithstanding anything contained elsewhere in this Section, if it is not necessary to hold any party on recognizance in the course of execution of judgment, the court shall not hold such a party on recognizance. 160
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 236: Power to execute judgment upon collecting additional fee:
(1) If a party to a case appears for the execution of the judgment after the expiration of the time-limit specified in the process, if any, issued pursuant to this Act and after the expiration of the time-limit by which the case can be taken over or the expired date for appearance can be extended if such time-limit or date has been expired, the court shall execute the judgment by collecting an additional fee of ten percent of the fee chargeable for the execution of judgment if it is within six months of the expiration of the time-limit and of twentyfive percent thereof if it is within one year of such expiration.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 236: Power to execute judgment upon collecting additional fee:
Subsection (2)
(1) If a If the party does not appear for the execution of a judgment even within the period referred to in sub-section (1), the court shall abate the proceeding on the execution of such judgment, except as otherwise provided in this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 237: Case may be taken over or expired date for appearance may be
extended: (1) If any party to the case dies in the course of execution of the judgment, his or her successor may take over such a case pursuant to this Act.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 237: Case may be taken over or expired date for appearance may be
Subsection (2)
If any party to the case expires the date for appearance in the course of execution of the judgment, he or she may extend the expired date for appearance pursuant to this Act.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
(1) The judgment holder shall, prior to issuing a commission, pay to the court a sum to be set by three percent of the claimed amount of the property to be enforced, if such amount is specified, and a sum of one thousand rupees, if the claimed amount is not specified for the enforcement of the judgment by the court. 161
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (2)
(1) The judgment holder shall, prior If the judgment holder pays the amount to the court pursuant to in sub-section (1), the court shall, on the same day of payment of the amount, appoint the day on which a commission to make enforcement is to be dispatched and give a notice thereof to the parties and appoint the date for them to appear at the place where the enforcement is to be made, and if the judgment debtor is not on recognizance, the court shall also give a notice of that matter to such party.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (3)
(1) The judgment holder shall, prior In appointing the date for appearance or giving a notice pursuant to sub-section (2), if the matter to be enforced consists of a house or land, a notice shall also be given to vacate such a house or land within seven days.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (4)
(1) The judgment holder shall, prior If the property to be enforced is in possession or custody of a person other than a party to the case, the court shall give a notice also to such a person to appear at the place where the commission is dispatched to.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (5)
(1) The judgment holder shall, prior The court shall dispatch a commission on the day appointed pursuant to sub-section (2) and enforce the delivery of possession of such property in pursuance of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (6)
(1) The judgment holder shall, prior If the direction or side of any house or land to be enforced in pursuance of the judgment is not set out, the court shall enforce the delivery of possession of such a house or land by lot upon making proportionate division in presence of the parties.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (7)
(1) The judgment holder shall, prior In effecting the enforcement pursuant to this Section, the court shall effect it in presence of the judgment holder and the 162 judgment debtor or their representatives and in presence of a representative of the Local Level and at least two witnesses.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (8)
(1) The judgment holder shall, prior If the judgment debtor or any other person causes obstruction or hindrance to the enforcement, the court shall effect the enforcement by using force as required.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (9)
(1) The judgment holder shall, prior Notwithstanding anything contained elsewhere in this Section, if the house or shop to be enforced contains any property locked up by any one and the person in possession or custody of the house or shop to be foreclosed is present, the enforcement shall be effected by causing the person to open the house or shop, and if such a person is not present, a notice in the format referred to in schedule25 shall be affixed on the door of the house or shop subject to enforcement, thereby requiring that person to open the lock of such a house or shop within seven days.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (10)
(1) The judgment holder shall, prior If the concerned person does not open the lock of the house or shop within the time-limit referred to in sub-section (9), the court shall, after the expiration of such time-limit, enforce the delivery of possession of the house or shop by breaking such a lock as soon as possible.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (11)
(1) The judgment holder shall, prior If any property is found within the house or shop in the course of effecting enforcement pursuant to this Section, the court may, at the same time, prepare an inventory of such property and take such property in its control.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (12)
(1) The judgment holder shall, prior A seven-day notice shall be affixed at the place where such house or shop is situated, thereby informing the concerned person to get back the property taken in control pursuant to sub- 163 section (11) within thirty-five days, and if such a person does not appear to get back such property even within the time-limit so given, the court shall auction such property and immediately hand over the proceeds of auction to the concerned person.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (13)
(1) The judgment holder shall, prior If the concerned person refuses to receive immediately the proceeds of auction made pursuant to sub-section (12), the court shall credit such proceeds into the deposit account.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (14)
(1) The judgment holder shall, prior If the concerned person appears to receive the amount within one year after the crediting of the amount into the deposit account pursuant to sub-section (13), the court shall refund the amount remaining after deduction of ten percent therefrom to such a person.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (15)
(1) The judgment holder shall, prior If the concerned person does not appear to receive such an amount within the period referred to in sub-section (14), the court shall credit such an amount into the government fund.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (16)
(1) The judgment holder shall, prior If any person does not abandon possession of a property once enforced by the court and causes obstruction thereto, the court shall sentence such a person to a fine not exceeding twenty-five thousand rupees or imprisonment for a term not exceeding three months for each instance, and again enforce the delivery of possession of the property previously enforced in accordance with the judgment, and a separate plaint need not be made for that purpose. No additional fee shall be payable for effecting such an enforcement.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (17)
(1) The judgment holder shall, prior If the property subject to enforcement is situated in another territory, the court shall appoint the date for the concerned 164 parties for effecting enforcement and forward the case-file and parties to the district court of such territory.