yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 180: Power of court to subpoena and examine witness:
Subsection (3)
(1) A process to be issued in the name of a witness pursuant to this Section shall be in the format as referred to in Schedule-14.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 181: Employee may be deputed to examine witness:
(1) If any party to a case makes a petition to the court praying that the place where a witness who is unable to appear before the court due to physical illness is residing or staying be visited and such a witness examined there, and the petition seems to be reasonable, the court may order for the examination of such a witness as prayed by the petitioner.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 181: Employee may be deputed to examine witness:
Subsection (2)
(1) If any party to If an order is made pursuant to sub-section (1), the judge of the court shall visit the place where the witness is residing or staying and examine the witness on his or her own or depute an employee to so inquire the witness.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 181: Employee may be deputed to examine witness:
Subsection (3)
(1) If any party to The petitioner shall bear the expenses incurred in the visit of the judge or employee of the court for examining the witness pursuant to sub-section (2).
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 182: Witness may be examined through video-conference:
(1) Notwithstanding anything contained elsewhere in this Chapter, if it is not possible to produce before the court a witness required to be examined pursuant to this Chapter because of condition of the witness being older aged, physically infirm, illness or being outside Nepal, and any party of the case makes a petition, showing that reason, to the court for the examination of such a witness through the video-conference, the court may, if it deems such a matter 118 reasonable, make an order for the examination of such a witness through the video-conference.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 182: Witness may be examined through video-conference:
Subsection (2)
(1) If an order is made pursuant to sub-section (1), the concerned party shall produce such a witness on such a place and on such a day as appointed by the court for the examination of the witness through the video-conference.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 182: Witness may be examined through video-conference:
Subsection (3)
(1) The court shall examine, or cause to be examined, the witness present at the video-conference as if he or she were a witness present before the court.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 182: Witness may be examined through video-conference:
Subsection (4)
(1) In making examination of the witness pursuant to subsection (3), the court shall set down and record the deposition of the witness on video-conference and the matters of the video conference.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 182: Witness may be examined through video-conference:
Subsection (5)
(1) The record of examination of a witness through the video conference shall be maintained in the format referred to in Schedule15.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 182: Witness may be examined through video-conference:
Subsection (6)
(1) The expenses incurred in the examination of a witness pursuant to this Section shall be borne by the party petitioning for the examination of the witness through the video-conference.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 183: Day for examination of witness to be appointed on appointed
date for appearance of parties: (1) Except in the case referred to in Section 181 or 182, the court shall so appoint the day for the examination of a witness that such an examination is made on the appointed date for appearance of the parties.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 183: Day for examination of witness to be appointed on appointed
Subsection (2)
In examining a witness, a deposition containing the matters expressed by the witness shall be prepared, the witness shall 119 be caused to affix his or her signature or thumb impression on the deposition, to be recorded then.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 184: Oath to be taken: A witness who appears in the court and makes a
deposition shall take an oath before the judge that he or she will state nothing but the truth, in the format referred to in Schedule-16.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 185: Witness to be examined by judge:
(1) The judge in whose bench the examination of a witness is referred to shall examine the witness.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 185: Witness to be examined by judge:
Subsection (2)
(1) The judge in whose bench In making the examination of a witness pursuant to subsection (1), the judge may seek the assistance of such an employee as may be required to make such an examination.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 186: Witness to be examined on appointed date for appearance:
(1) Except in the case referred to in Section 181 or 182, the court shall examine all witnesses in appearance at the court on the date appointed for the examination of witness.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 186: Witness to be examined on appointed date for appearance:
Subsection (2)
(1) If, because of lack of the time, it is not possible to complete the examination of all witnesses on the same day, the date for appearance shall, for the reason to be recorded, be so appointed for the witnesses and parties that the witness examination will be made on the following day. Explanation: For the purposes of this Section, the term "the following day" means the first day on which the court remains open, immediately after the day of the examination of witness.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 187: Deposition to be authenticated:
(1) The judge shall, in examining a witness in the court, put questions to the witness on the matters as required to be set out by the witness in the case and record in the deposition such questions and the replies thereto by the witness and 120 the details of cross examination, if any, made in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 187: Deposition to be authenticated:
Subsection (2)
(1) The judge shall, in examining a After recording the details referred to in sub-section (1), the judge shall ask the witness whether he or she has any thing else to state on any matter and cause him or her to state such a matter, if any, set down in the prepared deposition that the examination of witness has been made in presence of him or her and attending parties to the case or attorneys, and take signature or thumb impression of the witness and of each of such other persons on such deposition and authenticate it.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 187: Deposition to be authenticated:
Subsection (3)
(1) The judge shall, in examining a If any or all of the witnesses and parties of the case or attorneys refuses to affix their respective signature or thumb impression on the deposition prepared pursuant to sub-section (2), the witness examining judge shall set down and authenticate that matter and record it in the case-file of the concerned case.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 187: Deposition to be authenticated:
Subsection (4)
(1) The judge shall, in examining a The deposition of a witness shall be taken in the format referred to in Schedule-17.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 188: Remarks to be made and authenticated: If, in making witness
examination, the concerned witness does not answer or refuses to answer the questions asked by the judge or gives answer to any unrelated matter, in stead of answering the question asked, the judge shall make remarks thereof and authenticate it pursuant to Section
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 189: Commission may be issued:
(1) Notwithstanding anything contained elsewhere in this Chapter, if the concerned party makes a petition to the court for issuing a commission for the examination on 121 interrogatories of a witness to be examined, who being a resident of another district and because of his or her physical condition cannot be produced and examined in the court seized of the case, the court may, if it deems the matter reasonable, order to issue a commission for the examination on interrogatories of such a witness.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 189: Commission may be issued:
Subsection (2)
(1) Notwithstanding anything If the examination of a witness on commission is to be made pursuant to sub-section (1), the interrogatories to be asked to such a witness shall be framed in the format referred to in Schedule18, authenticated by the court and sent with the commission to the district court of the district where the witness is staying or residing, and such interrogatories may also be sent through electronic means.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 189: Commission may be issued:
Subsection (3)
(1) Notwithstanding anything If the court orders to issue a commission pursuant to sub-section (2), the court shall appoint the date for the parties to the case to appear in the court examining the witness on commission and give information thereof to such a court.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 189: Commission may be issued:
Subsection (4)
(1) Notwithstanding anything If a commission accompanied by the interrogatories is received pursuant to sub-section (2), such a court shall prepare a deposition of the witness produced pursuant to sub-section (1) of Section 179, containing the answer to each interrogatory of the commission upon fulfilling the procedures referred to in this Chapter as if the case were filed in that court, cause such a person to affix his or her signature and thumb impression on such deposition in fulfillment of the procedures referred to in Section 187 or 188, and send the deposition to the concerned district court within three days.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 189: Commission may be issued:
Subsection (5)
(1) Notwithstanding anything If the person to be examined on commission pursuant to sub-section (4) does not appear, such a court shall send the 122 commission, along with a statement of that matter, to the court issuing the commission.
The National Civil Procedure (Code) Act, 2017
Chapter-16: Provisions Relating to Examination of Witness
Section 189: Commission may be issued:
Subsection (6)
(1) Notwithstanding anything In sending a commission to the concerned court pursuant to sub-section (4), the court shall give information thereof to the parties or attorneys of such a case, appoint the date for them to appear and send them back to the court seized of the case. 123
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 190: Power to make judgment on matter as agreed:
(1) The court shall study the plaint, statement of defense and all documents produced in presence of both parties on the date appointed for appearance of the plaintiff and defendant, after the submission of the statement of defense, and inquire the plaintiff and defendant into the unclear matter, if any.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 190: Power to make judgment on matter as agreed:
Subsection (2)
(1) The court shall In making study or inquiry pursuant to sub-section (1), the court shall ascertain the matter on which both parties are not at issue or on which they are at issue.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 190: Power to make judgment on matter as agreed:
Subsection (3)
(1) The court shall If, in ascertaining the matter pursuant to sub-section (1), it appears that the defendant has admitted the claim of the plaintiff, the court may adjudge such case at that time.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 191: Pre-hearing discussions between plaintiff and defendant may be
made: (1) If the court deems it reasonable to hold pre-hearing discussions between the plaintiff and the defendant in order to ascertain the matter to be adjudged in any case pursuant to this Chapter, the court may, for the reasons to be recorded, order to hold such discussions.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 191: Pre-hearing discussions between plaintiff and defendant may be
Subsection (2)
If an order is made pursuant to sub-section (1), the court shall appoint the date for appearance of the parties for that purpose and hold such discussions.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 191: Pre-hearing discussions between plaintiff and defendant may be
Subsection (3)
The plaintiff, defendant and their legal practitioners may attend the discussions referred to in sub-section (2). 124
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 191: Pre-hearing discussions between plaintiff and defendant may be
Subsection (4)
On the discussions referred to in sub-section (3), the plaintiff and defendant may submit evidence in support or rebuttal of their respective claim or defense and present their respective claim or plea in order to ascertain the matter to be adjudged by the court.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 191: Pre-hearing discussions between plaintiff and defendant may be
Subsection (5)
If, after ascertaining the matter to be adjudged from the discussions referred to in sub-section (2), it is necessary to examine further evidence in such a matter, in addition to the evidence examined pursuant to Chapter-15, the court shall order to examine such an evidence.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 191: Pre-hearing discussions between plaintiff and defendant may be
Subsection (6)
If discussions are held between the plaintiff and defendant pursuant to this Section, the court shall prepare records thereof and attach the same with the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 191: Pre-hearing discussions between plaintiff and defendant may be
Subsection (7)
The concerned office shall, if so requested pursuant to sub-section (6), execute it within three days.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 192: To hold hearings upon completion of examination of evidence
Subsection (1)
The court shall, upon the completion of examination of evidence, hear and decide the case generally within one month.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 192: To hold hearings upon completion of examination of evidence
Subsection (2)
In holding hearings pursuant to sub-section (1), the parties of the case may present their respective claims or defense and pleadings on their own or through their respective law practitioners or attorneys appointed by them.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 192: To hold hearings upon completion of examination of evidence
Subsection (3)
If, in holding hearings pursuant to sub-section (1), the court makes an order to present pleading notes in order to clarify the additional matters in the case, the parties of the case shall present pleading notes in writing on their own or through their respective law 125 practitioners or attorneys appointed by them, within the period specified by the court.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 193: To provide opportunity to enter into compromise:
(1) If the parties of a case sub judice in the court wish to enter into a compromise at any stage, they may make a joint petition, setting out that matter, to the court.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 193: To provide opportunity to enter into compromise:
Subsection (2)
(1) If the If a petition is made pursuant to sub-section (1), the court shall read out the contents of the petition and its meanings and consequences to the concerned parties.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 193: To provide opportunity to enter into compromise:
Subsection (3)
(1) If the If, even upon reading out pursuant to sub-section (2), the parties to the case agree to enter into a compromise, the court shall draw up a deed of compromise in triplicate.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 193: To provide opportunity to enter into compromise:
Subsection (4)
(1) If the If, in reading out the contents of the deed of compromise drawn up pursuant to sub-section (2) to them, the parties agree to enter into a compromise, the judge shall cause both parties to affix their respective signature and thumb impression on such a deed of compromise, and authenticate that the deed of the compromise has been executed in his or her presence, attach once copy with the concerned case-file and give one copy each to the plaintiff and the defendant.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 193: To provide opportunity to enter into compromise:
Subsection (5)
(1) If the If a deed of compromise is executed pursuant to subsection (4), no complaint may be made that any party is not satisfied with the deed of compromise, except that the other party has not complied with the deed of compromise.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 193: To provide opportunity to enter into compromise:
Subsection (6)
(1) If the If a deed of compromise is executed pursuant to subsection (4) and transmission, registration or plotting of any 126 immovable property has to be made as a result of such a deed, the court executing the deed of compromise shall, within three days, direct the concerned office to do the act referred to in such deed.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 193: To provide opportunity to enter into compromise:
Subsection (7)
(1) If the The concerned office shall, if so directed pursuant to sub-section (6), execute it within three days.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 194: Disputes may be settled through mediation:
(1) If the parties to a case sub judice in the court of any level so wish, they may make a joint petition to the court for the settlement of the dispute of the case through mediation.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 194: Disputes may be settled through mediation:
Subsection (2)
(1) If the parties to a If a petition is made pursuant to sub-section (1), the judge trying the case shall, if it deems appropriate to settle the dispute through mediation, make an order to settle the dispute of the case through mediation.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 194: Disputes may be settled through mediation:
Subsection (3)
(1) If the parties to a Notwithstanding anything contained in pursuant to subsection (1) or (2), if the court considers that it is appropriate to settle any case sub judice in the court through mediation and the parties agree to have recourse to the mediation process, the court may order for the settlement of such a case through mediation.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 194: Disputes may be settled through mediation:
Subsection (4)
(1) If the parties to a If an order is made pursuant to sub-section (2) or (3), a process shall be initiated for the settlement of the case through mediation in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 194: Disputes may be settled through mediation:
Subsection (5)
(1) If the parties to a If the case is settled in pursuance of the process referred to in sub-section (4), the parties shall make a petition, stating that matter, to the court.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 194: Disputes may be settled through mediation:
Subsection (6)
(1) If the parties to a If a petition is received pursuant to sub-section (5), the court shall execute the deed of compromise between the parties. 127
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 194: Disputes may be settled through mediation:
Subsection (7)
(1) If the parties to a The provisions relating to compromise set forth in subsections (3), (4), (5) and (6) of Section 193 shall also apply mutatis mutandis to the settlement of case through mediation pursuant to this Section.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 194: Disputes may be settled through mediation:
Subsection (8)
(1) If the parties to a If an order is made for the settlement of a case through mediation pursuant to this Section but the case cannot be settled through mediation, the court shall appoint the date for the parties to appear, and proceed, hear and adjudicate such a case in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 195: Incapability of being compromised or mediated: Notwithstanding
anything contained in Section 193 or 194, a case instituted where the Government of Nepal is a plaintiff and a case relating to a public, government or community property shall not be settled by a compromise or mediation. Provided that nothing shall bar from entering into a compromise in such a manner as to maintain the public, government or community property.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 196: Claim may be withdrawn:
(1) The party to any case other than a case in which the Government of Nepal is plaintiff may make a petition to the court at any time before the judgment on the case in order to abandon and withdraw the claim made by him or her in the plaint, memorandum of appeal or petition or to withdraw the plaint, memorandum of appeal or petition showing the reason why he or she is not able to prove his or her claim or why the purpose of the claim has ended. 128
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 196: Claim may be withdrawn:
Subsection (2)
(1) The party to any case other than a If a petition is received pursuant to sub-section (1), the court shall order to grant a leave to withdraw the plaint, memorandum of appeal or petition as requested by the petitioner.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 196: Claim may be withdrawn:
Subsection (3)
(1) The party to any case other than a If an order is made for the withdrawal of a plaint, memorandum of appeal or petition pursuant to sub-section (2), the court shall cross off the record of that case.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 196: Claim may be withdrawn:
Subsection (4)
(1) The party to any case other than a If a person withdraws a plaint, memorandum of appeal or petition pursuant to this section, the same person may not make a complaint on the same matter against the person made as the opposite party in such plaint, memorandum or petition.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 197: Judgment to be made:
(1) After the completion of hearing of the case pursuant to this Chapter, the court shall make verdict on the issue to be decided generally on the same day of the completion of hearing and record the same in the verdict book. Explanation: For the purposes of this Section, the term "verdict book" means a book maintained in the court for the judge to record briefly the matters decided in a case and the grounds for the same.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 197: Judgment to be made:
Subsection (2)
(1) After the completion of hearing of the Notwithstanding anything contained in sub-section (1), if an order is made to submit a note of pleadings pursuant to subsection (3) of Section 192, the court shall make a verdict within seven days of the receipt of the note of pleadings.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 197: Judgment to be made:
Subsection (3)
(1) After the completion of hearing of the If a verdict cannot be made on any matter to be decided in a case pursuant to sub-section (1) on the same day by the reason that such a matter involves a complicated question of law or fact, and the court makes an order specifying the reason why such a matter 129 involves such complicated question of fact or law, the date for appearance shall be appointed so that decision is pronounced within a maximum period of fifteen days.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 197: Judgment to be made:
Subsection (4)
(1) After the completion of hearing of the If the date for appearance is appointed pursuant to subsection (3), the court shall make a verdict in the case, record it in the verdict book and read out the same to the parties on that day.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 197: Judgment to be made:
Subsection (5)
(1) After the completion of hearing of the If a court makes an ex-parte judgment, the court shall, within thirty days from the date of authentication of such a judgment, publish a notice as to such an ex-parte judgment in a national daily newspaper for the information of the absent party, and the concerned party of the case in attendance shall bear the costs incurred in the publication of such a notice.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 197: Judgment to be made:
Subsection (6)
(1) After the completion of hearing of the If the date for hearing is appointed by the court for the judgment, the court shall record all the facts of the case and evidence examined, ascertain the matters to be adjudged in the case and attach, or cause to be attached, the same with the case-file pursuant to Section 191, prior to the date so appointed.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 197: Judgment to be made:
Subsection (7)
(1) After the completion of hearing of the If any concerned party or his or her law practitioner intends to obtain the contents of the court's decision set down in the verdict book upon the adjudication of the case, the court shall authenticate such contents and provide the same to the party.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 198: Form of judgment:
(1) The court shall, on the basis of the decision made pursuant to Section 192, prepare the judgment in the format referred to in Schedule-19 within twenty-one working days.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 198: Form of judgment:
Subsection (2)
(1) The court shall, on the basis of the decision The judge shall authenticate the judgment prepared pursuant to sub-section (1) by signing and dating it. 130
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 198: Form of judgment:
Subsection (3)
(1) The court shall, on the basis of the decision The court shall, each week, post and display on its notice-board and web-site the details of judgments authenticated pursuant to sub-section (2) within that week.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 199: Judgment not to be amended: After the authentication of a
judgment by the judge pursuant to Section 198, no amendment shall be made to it, except correction of minor errors in such a manner as not to alter the verdict. Explanation: For the purposes of this Section, the term "minor errors" means such difference between the figure and the words contained in the judgment, error on the mentioning of any one of the name, surname and address of the plaintiff, defendant or witness and minor type, typing or printing error as not to vary the matter adjudged and the verdict.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 200: Deed to be executed on hearing of judgment:
(1) The court shall, upon the judgment of a case, pronounce the judgment to the parties of the case, if they are present, and cause a deed to be executed by them to the effect that they have heard the judgment and attached it with the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 200: Deed to be executed on hearing of judgment:
Subsection (2)
(1) The court shall, If a party is absent but his or her attorney is present, such a deed shall be caused to be executed by the attorney.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 200: Deed to be executed on hearing of judgment:
Subsection (3)
(1) The court shall, If any party is not present at the time of pronouncement of the judgment pursuant to sub-section (1), the judgment making court shall proceed to serve on such a party, on its own or through the lower court, a notice of judgment accompanied by the time-limit for appeal, if the judgment is appealable, and a notice of judgment, if not appealable, in the format referred to in Schedule-20, in 131 fulfillment of the procedures referred to in Chapter-8, within three days of the preparation of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-17: Provisions Relating to Hearing of Cases and Judgments
Section 200: Deed to be executed on hearing of judgment:
Subsection (4)
(1) The court shall, If a party to the case himself or herself or his or her attorney is present or his or her law practitioner has appeared and made pleadings at the time of making judgment, the party to the case shall be deemed to be present for the purpose of sub-section (3). 132
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 201: Power to adjourn cases:
(1) If any party to a case, out of the several cases filed in several courts, makes a petition to a court, showing a reason that the adjudication of one case cannot be, or ought not to be, made until any other case is adjudicated, or that adjudication of one case will have substantial effect on the verdict of any other case or if, in the course of proceeding or hearing of any case, it appears necessary to adjourn the case, the court may order, for the reasons to be recorded, that such a case be adjourned.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 201: Power to adjourn cases:
Subsection (2)
(1) If any party to a case, out of the several If an order is made to adjourn any case pursuant to subsection (1), the court shall give information thereof to the parties to the case and to the court in which another case is sub judice.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 201: Power to adjourn cases:
Subsection (3)
(1) If any party to a case, out of the several Upon receipt of the information referred to in subsection (2), the court seized of such a case shall, upon adjudication of the case, give information thereof, accompanied by a copy of the judgment, to the case adjourning court pursuant to sub-section (2) within thirty days after the date of judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 201: Power to adjourn cases:
Subsection (4)
(1) If any party to a case, out of the several If, upon the adjudication of the case pursuant to subsection (3), the parties to the case are on recognizance and it is necessary to appoint a date for the parties to appear in the case adjourning court, the court shall appoint the date for the parties to appear in, and send them to, the case adjourning court.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 201: Power to adjourn cases:
Subsection (5)
(1) If any party to a case, out of the several Notwithstanding anything contained elsewhere in this Section, if the several courts hold a divergent opinion on which of 133 the cases sub judice in such courts should be adjourned, a report shall be made immediately to the court hearing appeals from the concerned court on that matter.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 201: Power to adjourn cases:
Subsection (6)
(1) If any party to a case, out of the several If a report is made pursuant to sub-section (5), the appeal hearing court shall make an appropriate order on that matter within one month, and the concerned court shall proceed the case in accordance with that order.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 201: Power to adjourn cases:
Subsection (7)
(1) If any party to a case, out of the several If the courts hearing appeals from the courts holding divergent opinions on the adjournment of case pursuant to subsection (5) are different, a report on that matter shall be made immediately to the Supreme Court.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 201: Power to adjourn cases:
Subsection (8)
(1) If any party to a case, out of the several If a report is made pursuant to sub-section (7), the Supreme Court shall make an appropriate order on that matter within three months, and the concerned court shall proceed the case in accordance with that order.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 202: Revival of adjourned case:
(1) If it is required to revive and proceed a case adjourned pursuant to Section 201, any party to the case may make a petition, accompanied by the reason and ground for the revival, to the court.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 202: Revival of adjourned case:
Subsection (2)
(1) If it is required to revive and proceed If a petition made pursuant to sub-section (1) appears to be reasonable, the court shall revive and hear the adjourned case as per the petition.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 202: Revival of adjourned case:
Subsection (3)
(1) If it is required to revive and proceed Notwithstanding anything contained elsewhere in this Section, if information is received that the case sub judice in another court has been adjudged or if there is no reason for continuing the 134 adjournment of a case, the court shall immediately revive and proceed the adjourned case.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 202: Revival of adjourned case:
Subsection (4)
(1) If it is required to revive and proceed In adjourning the case, the parties on recognizance shall be dispensed with the requirement to appear on the appointed date.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 202: Revival of adjourned case:
Subsection (5)
(1) If it is required to revive and proceed In reviving the adjourned case, the court shall serve a process on the parties on recognizance at the time of adjournment of the case, thereby ordering them to appear within seven days and proceed the case.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 203: Power to transfer cases:
(1) The Supreme Court may, if there exists a circumstance referred to in clause (1) of Article 134 of the Constitution of Nepal, procure a case sub judice in any High Court from such a court, and proceed, hear and adjudicate it.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 203: Power to transfer cases:
Subsection (2)
(1) The Supreme Court may, if there exists The Supreme Court may, if there exists a circumstance referred to in clause (2) of Article 134 of the Constitution of Nepal, make an order that a case sub judice in one High Court be transferred to, and proceeded, heard and adjudicated by, another High Court.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 203: Power to transfer cases:
Subsection (3)
(1) The Supreme Court may, if there exists The High Court may, if there exists a circumstance referred to in clause (2) of Article 145 of the Constitution of Nepal, make an order that a case sub judice in one District Court under its jurisdiction be transferred to, and heard by, another District Court under its jurisdiction.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 203: Power to transfer cases:
Subsection (4)
(1) The Supreme Court may, if there exists Decision as to whether the circumstance requiring the transfer of a case referred to in sub-section (2) or (3) exists or not shall be made on the basis of a petition by the concerned party to the case or information received from any other source. 135
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 203: Power to transfer cases:
Subsection (5)
(1) The Supreme Court may, if there exists If an order is made pursuant to sub-section (2) or (3), such a court shall, in pursuance of the order of the Supreme Court or High Court, proceed, hear and adjudicate such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 203: Power to transfer cases:
Subsection (6)
(1) The Supreme Court may, if there exists Even though any case is adjudicated by another court pursuant to sub-section (2) or (3), appeal from the judgment made by such a court shall lie in the court hearing appeals from the court where the plaint has been registered originally.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 204: Power of Supreme Court to try and settle case:
(1) Notwithstanding anything contained elsewhere in this Act, if, on a petition of any party to a case or a report of the concerned court seized of the case, the Supreme Court is of the opinion that, in view of the fact that the case involves interpretation of any complicated constitutional or legal question or a legal question of public importance or concern, it will be appropriate to have the case tried and settled only after the settlement of such a question involved in the case decided by the Supreme Court, then the Supreme Court shall, for the reasons to be recorded, make an order to call for such a case and try and settle it by itself.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 204: Power of Supreme Court to try and settle case:
Subsection (2)
(1) If an order is made by the Supreme Court pursuant to sub-section (1), the concerned court shall send the case-file of such case to the Supreme Court, give information thereof to the parties to the case and appoint the date for them to appear in the Supreme Court.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 204: Power of Supreme Court to try and settle case:
Subsection (3)
(1) If an order is made pursuant to sub-section (1), the Supreme Court may hear and adjudicate such a case or settle any complicated constitutional or legal question of public concern 136 involved in that case, and remand the case-file to the concerned court for the adjudication of the rest matters.
The National Civil Procedure (Code) Act, 2017
Chapter-18: Provisions Relating to Adjournment and Transfer of Cases
Section 204: Power of Supreme Court to try and settle case:
Subsection (4)
(1) In remanding the case-file to the concerned court for proceeding on the rest matters pursuant to sub-section (3), the Supreme Court shall give information thereof to the parties and appoint the date for them to appear in such a court. 137
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 205: Appeal may be made within specified period:
(1) Except as otherwise provided for in this Act, a party who is not satisfied with a judgment made by the court of first instance may make an appeal to the concerned appeal hearing court within thirty days from the date of knowledge of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 205: Appeal may be made within specified period:
Subsection (2)
(1) Except as If a party to an appealable case or his or her attorney is present in the court and hears the judgment, the time-limit of thirty days for appeal shall begin from the date on which a deed is executed by him or her to the effect that he or she so hears the judgment, and if a notice of judgment made in the absence of the party is issued, such time-limit shall begin from the date on which such a notice is served.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 205: Appeal may be made within specified period:
Subsection (3)
(1) Except as If a party to a case appears in person or through his or her attorney on the date appointed for appearance for hearing and the judgment in the case is made on that day so appointed, the party to the case shall, for the purposes of sub-section (1), be deemed to know the judgment. Explanation: For the purposes of this Section, in computing the day of knowledge shall be reckoned from the day of authentication of the judgment by the judge pursuant to Section 198.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 205: Appeal may be made within specified period:
Subsection (4)
(1) Except as Notwithstanding anything contained in sub-section (2), even though the deed of hearing judgment is not executed or the notice of judgment made is not served, the party to the case may make an appeal within thirty days from the date of receipt of a copy 138 of the judgment not later than six months of the authentication of the judgment in the case.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 206: Circumstances where appeal cannot lie: Notwithstanding anything
contained in Section 205, no appeal shall lie in any of the following circumstances: (a) If the time-limit is expired without submitting the statements of defense or making defense after the receipt of the process or the service of the process, (b) If the case is compromised or mediated, (c) If the claim is withdrawn, (d) If the plaint is dismissed. Provided that an appeal may be made if the plaint is dismissed unduly.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 207: Court fee to be paid in making appeal: An evidence of the
payment of the court fee chargeable in making an appeal pursuant to law shall be submitted along with the memorandum of appeal.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 207: Court fee to be paid in making appeal: An evidence of the
Subsection (2)
Notwithstanding anything contained in sub-section (1), if the court grants a leave for payment of the court fee at the time of judgment in the case, the appeal shall be registered in spite of the absence of the evidence of payment of the court fee.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 208: Format of memorandum of appeal:
(1) A person who intends to make an appeal shall prepare a memorandum of appeal in the format referred to in Schedule-21. 139
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 208: Format of memorandum of appeal:
Subsection (2)
(1) A person who intends to In making an appeal, the memorandum of appeal shall be written in descent language, and be accompanied by necessary documents proving the pleas of appeal.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 208: Format of memorandum of appeal:
Subsection (3)
(1) A person who intends to The appeal fee of three hundred rupees shall be charged for making an appeal.
The National Civil Procedure (Code) Act, 2017
Chapter-19: Provisions Relating to Appeals
Section 209: Appeal to be registered in appeal hearing court:
(1) In making an appeal, the memorandum of appeal shall be registered in the court hearing appeals from the court of which judgment is to be appealed.