yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 82: Proceeding to be conducted when case is compromised,
dismissed or canceled: (1) In executing a deed of compromise in a case filed upon full payment of the court fee, the court shall collect twenty-five percent of the court fee if the deed is executed before the examination of evidence by the court of first instance, and half the court fee in making compromise subsequently at any stage and level, and refund the remaining court fee to the plaintiff, appellant or concerned party.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 82: Proceeding to be conducted when case is compromised,
Subsection (2)
In executing a deed of compromise in a case registered subject to the collection of the whole or part of the court fee subsequently, the court shall execute the deed of compromise only after collecting the court fee chargeable pursuant to sub-section (1) from the plaintiff or appellant.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 82: Proceeding to be conducted when case is compromised,
Subsection (3)
If a case registered upon full payment of the court fee is dismissed or canceled, the plaintiff or appellant shall not be liable to any punishment.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 82: Proceeding to be conducted when case is compromised,
Subsection (4)
If any case is dismissed or canceled, the court fee paid for such a case shall not be refunded.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 82: Proceeding to be conducted when case is compromised,
Subsection (5)
If a case registered subject to the collection of the whole or part of the court fee subsequently, the remaining court fee shall be recovered from the plaintiff or appellant. Provided that in the case of cancellation of a case, it appears that the plaint that should not have been filed by virtue of the contents of the plaint has been filed, the court fee collected in such a case shall be refunded.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 82: Proceeding to be conducted when case is compromised,
Subsection (6)
If a case compromised, dismissed or canceled in fulfillment of the requirements of law is revived for any reason on a complaint by the party and is to be proceeded again, the party on the complaint of whom the case is to be so proceeded shall again pay the court fee chargeable pursuant to this Chapter to the court seized of the case.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 83: Recovery of court fee:
(1) The winning party of a case charged with the court fee shall be entitled, in accordance with the judgment, recover the amount of court fee paid by him or her from the losing party.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 83: Recovery of court fee:
Subsection (2)
(1) The winning party of a case charged with In making recovery of the court fee pursuant to subsection (1), such recovery shall be made according to such claimed amount as held to be recoverable from each of them if there are more than one defendant or appellant, according to the extent of the right or claim that has to be disentitled from them respectively on the matter of dis-entitlement of right or claim, and on a pro rata basis from the losing defendants or respondents in the other circumstances.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 83: Recovery of court fee:
Subsection (3)
(1) The winning party of a case charged with If a plaint has been registered without payment of part or whole of the court fee and the plaintiff or appellant wins the case, the court fee held to be chargeable shall be recovered from the other party as a penalty or fine.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 83: Recovery of court fee:
Subsection (4)
(1) The winning party of a case charged with The plaintiff or appellant who has made a claim of more than one matter shall be entitled to recover the chargeable court fee from the other party according to only the extent of the claim of that matter as held to be sustained.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 83: Recovery of court fee:
Subsection (5)
(1) The winning party of a case charged with If a case has been filed without payment of part or whole of the court fee and the plaintiff or appellant loses the case, the chargeable court fee shall be recovered from them.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 83: Recovery of court fee:
Subsection (6)
(1) The winning party of a case charged with If a judgment is made entitling the plaintiff or appellant to recover the court fee pursuant to this Section and the defendant or respondent dies prior to the recovery, the plaintiff or appellant shall be entitled to recover such court fee from the successor to such a defendant or respondent.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 83: Recovery of court fee:
Subsection (7)
(1) The winning party of a case charged with If, in passing a judgment on an appeal or case for review or revision, the appellant or petitioner wins the case wholly or party, the appellant or petitioner shall be entitled to recover from the respondent such amount of court fee as held to be chargeable on the extent to which he or she has so won.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 84: Recovery of court fee to be made with priority: In making
recovery of, or collecting, any claimed amount, fine, court fee and other fee or charge, as well, in pursuance of a judgment, the court shall first recover or collect the court fee.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 85: Claims to be made:
(1) If a person intends to have a matter of claim enforced under law, such a person shall make such a claim before the court.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 85: Claims to be made:
Subsection (2)
(1) If a person intends to have a matter of In making a claim pursuant to sub-section (1), the person shall make a plaint to the court, by fulfilling the procedures and terms referred to in this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 86: Plaint to be made on matter in which one has right:
(1) Except as otherwise provided for in the Chapter, a person shall make a plaint claiming for only the matter in which he or she has right.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 86: Plaint to be made on matter in which one has right:
Subsection (2)
(1) Except as If any person prays for the registration of a plaint in a manner contrary to sub-section (1), the pliant shall not be capable of being registered, and even if such a plaint has been registered for any reason, the plaint shall be voided, except in the case where a plaint has been made pursuant to Section 91.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 87: One plaint may be made:
(1) A person may file one plaint against another person on such matter irrespective of the number of subjects or related matters of any claim of civil nature.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 87: One plaint may be made:
Subsection (2)
(1) A person may file one plaint against If, instead of making a plaint in a matter in relation to which the same plaint can be made at the same time, a person tenders another plaint subsequently only after considering the results of the case filed earlier, such a plaint shall not be entertained.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 88: Number of plaintiff or defendant not to affect: In making a plaint
in relation to any one subject matter of a claim, one and the same plaint may be made by any one person against irrespective number of persons or by irrespective number of persons against one person or by irrespective number of persons against irrespective number of persons.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 89: Plaint to be made only once:
(1) After a person has filed a plaint against another person on a matter in a court pursuant to Section 87, that person may not make another plaint against that another person on the same matter in the same court or in any other court.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 89: Plaint to be made only once:
Subsection (2)
(1) After a person has filed a plaint If, on the same matter, one party files a plaint in a court and the other party files a plaint in another court or both parties make separate plaints in the same court, the case shall be proceed with according to the plaint registered earlier, and the other plaints shall be voided. Provided that if plaints may be or ought to be made by both parties in accordance with law, nothing shall prevent from proceeding with both plaints.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 90: Plaint to be filed within statute of limitation:
(1) A person shall files a plaint, along with his or her claim, in a court within the statute of limitation specified by law.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 90: Plaint to be filed within statute of limitation:
Subsection (2)
(1) A person shall In filing a plaint pursuant to sub-section (1), the plaint shall state the law specifying the statute of limitation within which the plaint has been made.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 90: Plaint to be filed within statute of limitation:
Subsection (3)
(1) A person shall Any plaint tendered for registration contrary to subsection (1) or (2) shall be endorsed and returned.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 91: Plaint may be made by any one in the case of a dispute involving
public interest or concern: (1) Notwithstanding anything contained elsewhere in this Act, any person may, with the leave of the court, file a plaint on a dispute involving the right, interest or concern of the Government of Nepal, Provincial Government or Local Level or public interest or concern.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 91: Plaint may be made by any one in the case of a dispute involving
Subsection (2)
In order to obtain a leave pursuant to sub-section (1), a separate petition shall be filed along with the plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 91: Plaint may be made by any one in the case of a dispute involving
Subsection (3)
If a petition is made for the leave pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 91: Plaint may be made by any one in the case of a dispute involving
Subsection (2)
, the court shall decide such a matter on the same day on which such a petition is made.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 92: Plaint may be made for establishment of right: If the right of a
third party is also affected as a result of the judgment passed on a case in the form of dismissal, cancellation or otherwise or of the execution of a deed of compromise in accordance with law, such a person may file a plaint within thirty-five days from the date of his or her knowledge praying that such a judgment or deed of compromise be voided and his or her right be established.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 93: Plaint may be filed on behalf of body corporate:
(1) In filing a plaint or statement of defense on behalf of a body corporate, a natural person authorized by a decision of such a director, board of directors or management committee or committee with such status as may be empowered by the concerned law, statute or articles of such a body for the purpose of filing plaint or statement of defense may make the plaint or statement of defense, which shall state such matter.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 93: Plaint may be filed on behalf of body corporate:
Subsection (2)
(1) In filing a In filing a plaint or statement of defense pursuant to subsection (1), the plaint or statement of defense shall be accompanied also by a copy of the decision made by such a director, board of directors, management committee or committee with such status in relation to filing of plaint or statement of defense.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 93: Plaint may be filed on behalf of body corporate:
Subsection (3)
(1) In filing a In filing a plaint or statement of defense on behalf of any office of the Government of Nepal or Provincial Government or Local Level, constitutional body or court, the office-bearer who acts as the administrative chief of such an office, body or court may file the plaint or statement of defense.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 94: Plaint not to be made on matter adjudged:
(1) Once a judgment is made on any matter, the same party may not file a plaint again against the same person on the same matter, instead of making appeal against such a judgment in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 94: Plaint not to be made on matter adjudged:
Subsection (2)
(1) Once a judgment is A plaint registered contrary to sub-section (1) shall be canceled.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 94: Plaint not to be made on matter adjudged:
Subsection (3)
(1) Once a judgment is A judgment passed on the basis of a plaint filed contrary to sub-section (1) shall be void.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 95: Form of plaint: A plaint shall be prepared and filed in the format
referred to in Schedule-1.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 96: Claim of plaint ought to be clear:
(1) In filing a plaint, the plaintiff shall precisely specify, in the plaint, his or her claim, the subject matter of the claim, and the ground and evidence on the basis of which such a claim is filed.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 96: Claim of plaint ought to be clear:
Subsection (2)
(1) In filing a plaint, the plaintiff A plaint of which claim is not clear pursuant to subsection (1) and which does not clearly specify the act or action to be done by the court shall not be deemed to be a duly made plaint, and such a plaint shall not be registered.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 97: Plaint fee: In filing a plaint, the plaint fee of two hundred rupees
shall be charged.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 98: Registration of plaint:
(1) If any one tenders a plaint for registration, the concerned employee shall, upon examining whether the plaint meets the requirements pursuant to this Chapter and the proof and evidence specified therein are attached or not, register the plaint in the register referred to in Schedule-2 if the plaint meets the requirements, and issues the concerned party a receipt of the registration of the plaint in the format referred to in Schedule-3.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 98: Registration of plaint:
Subsection (2)
(1) If any one tenders a plaint for In tendering a plaint for registration pursuant to subsection (1), there shall be produced two copies of the plaint and evidence if there is only one defendant, and one copy thereof for each of the two or more defendants. Provided that despite the number of defendants living in a joint family, only one copy may be produced for such defendants.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 98: Registration of plaint:
Subsection (3)
(1) If any one tenders a plaint for In producing more than one copy of the plaint or evidence, the plaintiff shall set down that the copy truly corresponds to the original and affix his or her signature or thumb impression thereon, and the court shall verify the copy with the original.
The National Civil Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Plaints and Presentation of Claims
Section 98: Registration of plaint:
Subsection (4)
(1) If any one tenders a plaint for If, in making examination pursuant to sub-section (1), the plaint is not found duly prepared and to meet the requirements, the reason for its failure to meet the requirements shall be specified in, and an endorsement made on, the plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
(1) If the plaintiff, desires to deliver the process to the defendant on his or her own or through his or her law practitioner, and states that matter in the plaint, the plaintiff shall deliver the process to the defendant on his or her own or through the law practitioner within three days, excluding the time required for journey, from the date of registration of the plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (2)
(1) If the The plaintiff or his or her legal practitioner shall, in delivering the process to the defendant pursuant to sub-section (1), deliver a copy each of the plaint, and the evidence, document, if any, attached to the plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (3)
(1) If the The plaintiff or his or her law practitioner shall receive two copies of the process to be served and certified copies of the plaint and evidence from the court for the purpose of delivering the copies of the process, plaint and evidence to the defendant pursuant to sub-section (1) or (2), and give a receipt thereof in the format referred to in Schedule-4.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (4)
(1) If the When the plaintiff or his or her law practitioner tenders the process for delivery to the defendant pursuant to sub-section (1), the defendant shall receive such process, and if it is so received, the process shall be deemed to be duly delivered. Provided that if the process is so tendered for delivery to a body corporate, such a body shall receive it.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (5)
(1) If the If, in the case of a body corporate, the process is delivered to its head office, the process shall be deemed to be duly delivered to the concerned body pursuant to sub-section (4). Explanation: For the purposes of this Section, the term "head office" means the registered office, if any, of a body corporate, and failing such an office, the main office of transaction of such a body.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (6)
(1) If the The defendant shall, in receipt of the process pursuant to sub-section (4), give a receipt thereof in the format referred to in Schedule-5.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (7)
(1) If the If the plaintiff or his or her law practitioner delivers the process to the defendant pursuant to sub-section (3), such a plaintiff a law or practitioner shall submit a receipt of the process given by the defendant to the court within seven days after such delivery of the process.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (8)
(1) If the The time limit for submitting a statement of defense shall be set from the date of receipt of the process given by the defendant pursuant to sub-section (6).
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (9)
(1) If the If the defendant refuses to receive the process when tendered by the plaintiff or his or her law practitioner for its delivery pursuant to this Section, such a plaintiff or a law practitioner shall submit a report to that effect to the court within two days after the expiry of the time limit referred to in sub-section (1).
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 99: Plaint may be delivered by plaintiff himself or herself:
Subsection (10)
(1) If the If a report is received from the plaintiff or his or her law practitioner pursuant to sub-section (9) that the process could not be served, the process shall be served on the defendant in accordance with this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 100: To issue process to defendant:
(1) Except where the plaintiff himself or herself or his or her law practitioner delivers the process to the defendant pursuant to Section 99, the court shall, within three days from the date of registration of the plaint, issue a process to the defendant to submit a statement of defense.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 100: To issue process to defendant:
Subsection (2)
(1) Except where the plaintiff In issuing the process pursuant to sub-section (1), one copy of the plaint filed by the plaintiff in the court and the evidence attached therewith shall also be delivered.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 100: To issue process to defendant:
Subsection (3)
(1) Except where the plaintiff If, after the issuance of the process by the court but before the submission of the statement of defense, the defendant files a petition for a copy of the plaint or document attached with the casefile, the court shall certify and provide the copy of such documents.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 101: Time-limit to be given:
(1) In issuing a process in the name of a defendant pursuant to this Chapter, the court shall give a time-limit of twenty-one days, excluding the time required for journey, to the defendant to appear before the court for counterclaim or defense in relation to such a plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 101: Time-limit to be given:
Subsection (2)
(1) In issuing a process in the name of a Notwithstanding anything contained in sub-section (1), the court shall, in giving a time-limit to a person who is maintained as a defendant by it pursuant to Section 123, give a time-limit of seven days, excluding the time required for journey.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 102: Process to be served:
(1) In issuing the process by the court pursuant to Section 101, the concerned officer shall prepare the process notice in triplicate, sign them, affix the seal of court thereunto and cause the same to be served.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 102: Process to be served:
Subsection (2)
(1) In issuing the process by the court Notwithstanding anything contained in sub-section (1), the process notice shall be prepared in duplicate if it is served through the plaintiff or his or her law practitioner.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 102: Process to be served:
Subsection (3)
(1) In issuing the process by the court In issuing the process pursuant to this Chapter, provision shall be made so that the process is served, or caused to be served, accompanied by one copy of the plaint, on the persons made defendants who live in a joint family, and accompanied by one copy of the plaint for each defendant other than such persons.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 103: Format of process:
(1) In issuing a process in the name of a defendant in accordance with this Chapter, it shall be issued in the format referred to in Schedule-6.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 103: Format of process:
Subsection (2)
(1) In issuing a process in the name of a In issuing a process in the name of a person other than a defendant, it shall be issued in the format referred to in Schedule-7.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 104: Process server to serve process:
(1) The process server shall serve the process received from the court normally within seven days, except the time required for journey. Explanation: For the purposes of this Chapter, the term "process server" means an employee who is responsible or deputed for serving the process issued by the court on the concerned person.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 104: Process server to serve process:
Subsection (2)
(1) The process server shall serve If the process cannot be served within the period referred to in sub-section (1), the process server shall make a report, along with the reason therefor, to the concerned court, and if such report is found to be false, he or she may be liable to departmental action.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
(1) The court shall prepare a process to be served in triplicate and deliver them to the process server for serving them.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (2)
(1) The court shall In receipt of the process pursuant to sub-section (1), the process server may, if he or she personally knows the concerned person, deliver the process to the concerned person wherever he or she finds him or her, recording the matter to that effect.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (3)
(1) The court shall If the concerned person is not found pursuant to subsection (2), the process server shall go to the address of his or her residence, find out his or her house or rented house, identify the concerned person and deliver the process to that person, in presence of the concerned ward chairperson, ward member, secretary or any government employee of the Local Level and at least two local persons, and obtain a receipt thereof, recording the date of service of the process.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (4)
(1) The court shall If the person under process cannot be found, the court shall deliver it to any other person of the age of majority, living in his or her joint family, in pursuance of the procedures referred to in sub-section (3).
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (5)
(1) The court shall If the concerned person or any person of the age of majority living in his or her joint family is not found or, though found, refuses to receive the process, the process server shall serve the process by affixing it on the house, doorstep of that person, in a manner conspicuous to all, in presence of the persons referred to in sub-section (3), and recording that matter in the process.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (6)
(1) The court shall In serving the process in pursuance of the procedures referred to in sub-sections (2), (3), (4) and (5), the process server shall specify on the reverse side of the process the manner of its service, whether by delivering or affixing it, the date and time thereof, and cause the persons referred to in sub-section (3) to affix their respective signature or thumb impression clearly at the time of its delivery or affixation.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (7)
(1) The court shall The process server shall sign the copy of the process served pursuant to sub-section (6) and submit it, accompanied by the report thereof, to the court.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (8)
(1) The court shall If a process is served by affixing it on the house or doorstep pursuant to sub-section (5), the process server shall specify the date and time of service thereof on the third copy of such process notice, deliver it to the concerned Local Level and take a separate receipt thereof or take signature of the concerned ward chairperson, member, secretary or any government employee of the Local Level on the reverse side of the served copy, specifying the matter to that effect.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (9)
(1) The court shall If the process server delivers a process pursuant to subsection (8), the concerned Local Level shall immediately affix such a process on its notice board.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (10)
(1) The court shall Even though a copy of the process affixed on the house or doorstep pursuant to this Section has not been delivered to the concerned Local Level or the Local Level has not affixed the process received by it on its notice-board, the process shall be deemed to have been served in accordance with law if it has been duly affixed on the house or doorstep of the concerned person pursuant to subsection (5).
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (11)
(1) The court shall In serving a process on any body corporate in relation to any case, the process shall be served on the person acting as the principal person then in the registered office, head office, or main office of transaction of such a body. Provided that if such person is not available, the process may be served by delivering it to any office-bearer or employee serving in such an office of such a body. Explanation: For the purposes of this Section, the term "person acting as the principal person" means the chief executive officer of a body corporate, and also includes the chairperson, vicechairperson, secretary, managing director, executive director, general manager of such a body or the company secretary in the case of a company.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (12)
(1) The court shall Notwithstanding anything contained in sub-section (11), in serving a process in the name of a government office, constitutional body or court, the process shall be served by delivering it to the chief, administrative chief of such an office or any officebearer entrusted with such responsibility or office-bearer acting for him or her, and to such an office, body or court, setting out that matter, if any such office-bearer is not available.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (13)
(1) The court shall In serving a process in the name of any government office, constitutional body, court, body corporate or office-bearer or employee thereof in that capacity, the process shall be served by delivering it to such an office, a body, court or its office-bearer or an employee.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (14)
(1) The court shall If a process cannot be served pursuant to sub-sections
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (11)
(1) The court shall , (12) and (13), the concerned process server shall submit a report, along with the reason therefor, to the concerned court within three days.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (15)
(1) The court shall If a report is submitted pursuant to sub-section (14), the concerned court shall make an order to serve the process by post on such an office, a body, court or body corporate or its office-bearer or an employee in that capacity.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (16)
(1) The court shall If an order is made pursuant to sub-section (15), the concerned court may serve the process by sending a registered letter, containing the matter to that effect, to such an office, a body, court or body corporate or its office-bearer or an employee in that capacity.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (17)
(1) The court shall After the return-receipt of the process sent by post pursuant to sub-section (16) is submitted to the court, the process shall, except as otherwise proved, be deemed to have been duly served.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (18)
(1) The court shall If the record specifying, in a sequential order, the house or bloc number of any person residing within the territory of any Local Level has been maintained or such a person has consented to the service a process by the court by post in relation to his or her transaction, business or any matter, the court may, subject to that provision, serve the process, notwithstanding anything contained elsewhere in this Section.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (19)
(1) The court shall If a report stating that the process issued in the name of any person who is an office-bearer or employee of any government office, constitutional body, court or body corporate cannot be served pursuant to sub-sections (2), (3), (4) and (5) is received from the concerned process server, the concerned court may make an order to serve the process on such a person pursuant to sub-section (13) or
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (15)
(1) The court shall .
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (20)
(1) The court shall If an order is made pursuant to sub-section (19), the court shall serve the process notice in the name of the concerned person in pursuance of such an order.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (21)
(1) The court shall Notwithstanding anything contained elsewhere in this Section, if the party and opponent party of a case have provided for their respective address for exchanging electronic notice such as email or fax to give a notice to each other in the matter of any document, concerned matter or transaction or sending a process in relation to a dispute, the court may serve the process through an electronic notice to such an address.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (22)
(1) The court shall If a report is received from the process server that the process could not be served on the concerned person in spite of the pursuance of the procedures set forth in various sub-sections of this Section and the contents of the report deem reasonable, the court may make an order to serve the process in the name of such a person by publishing it in a national daily newspaper.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (23)
(1) The court shall If an order is made pursuant to sub-section (22), the process shall be served in pursuance of the order.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 105: Procedures relating to service of process:
Subsection (24)
(1) The court shall The concerned party shall bear the expenses incurred in the service of the process by publishing it in a national daily newspaper pursuant to sub-section (22).
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 106: Process may be served at court:
(1) Notwithstanding anything contained in Section 105 or 107, the process server may serve a process issued in the name of the following person by delivering it to such a person at the court itself: (a) In the case of an employee or office-bearer of the concerned court, at the time when he or she makes attendance in the court, (b) In the case of a party who is on recognizance in another case in the concerned court, at the time when the party appears in the court, (c) In the case of an attorney who represents any party in any case in the concerned court, at the time when the attorney appears in the court in the course of such representation, (d) In the case of a law practitioner who appears in the concerned court in the course of law practice, at the time when he or she appears in the court in the course of such practice, (e) In the case of a person who appears as a witness, when he or she appears in the court in that capacity.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 106: Process may be served at court:
Subsection (2)
(1) Notwithstanding anything If the process server tenders a process for delivery to any person referred to in sub-section (1) when the person appears in the concerned court, the person shall receive it.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 106: Process may be served at court:
Subsection (3)
(1) Notwithstanding anything If any person refuses to receive the process tendered for delivery pursuant to sub-section (2), the process server shall give a report thereof to the court immediately.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 106: Process may be served at court:
Subsection (4)
(1) Notwithstanding anything If the content of a report given pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 106: Process may be served at court:
Subsection (3)
(1) Notwithstanding anything deems reasonable, the court shall make an order to prevent that person from making representation, receiving the appointed date for appearance in the capacity of attorney, doing law practice or making deposition in the capacity of witness in that court until the person receives the process issued by the court in his or her name.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 107: Process deemed to be served:
(1) If a process issued by the court is delivered to the concerned person at any place or his or her address pursuant to this Chapter or made known to him or her by any other identifiable means pursuant to this Act, the process shall be deemed to have been served.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 107: Process deemed to be served:
Subsection (2)
(1) If a process issued by the court is Notwithstanding anything contained in sub-section (1), if the person to receive the process appears in the court and apply for receiving it personally, the process shall be delivered to him or her at the court, and if the process is so delivered, it shall be deemed to have been duly delivered.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 108: To assist the process server:
(1) The concerned ward chairperson, member, secretary or any government employee of the Local Level and the local person shall render all such assistance to the process server as required in the serve of the process pursuant to this Chapter, including by searching, showing and identifying the house of the concerned person, and witness and sign the service of such a process.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 108: To assist the process server:
Subsection (2)
(1) The concerned ward chairperson, Notwithstanding anything contained in sub-section (1), a process duly served in fulfillment of the other procedures shall not be invalid merely by the reason that the concerned ward chairperson, member, secretary or any government employee of the Local Level and other local person has not witnessed and assisted in the service of the process or has refused to assist in such a service.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 109: Person who does not assist being liable to sentence: If a report of
the process server is received that any person bound to assist pursuant to Section 108 has not rendered any assistance in the service of the process and the content of such report appears to be reasonable, the concerned court may sentence the person who does not so assist to a fine not exceeding five thousand rupees.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 110: Examination of process served: Immediately when a report on the
service of a process is submitted by the concerned process server after serving it pursuant to this Chapter, the concerned officer employee of the court shall examine whether such a process has been duly served or not and certify and record it in the case-file if it appears to have been duly served.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 111: Requirement to make re-service:
(1) If, upon examination pursuant to Section 110, it does not appear that the process has been served in fulfillment of the requirements of law or if, in examining it upon a complaint made by any person in relation to the service of such a process, it appears that the process has been served unduly or has not been served at all, the court shall order the concerned process server or another process server to serve it again in fulfillment of the requirements.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 111: Requirement to make re-service:
Subsection (2)
(1) If, upon examination pursuant If an order is made pursuant to sub-section (1), such a process server shall serve the process again pursuant to this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 112: Process server liable to fine: If any process server fails to deliver
the third copy of the process affixed on the house or doorstep of the concerned person when that person is not found to the concerned Local Level, such a process server shall be liable to a fine not exceeding one thousand rupees for each instance, and the concerned court may order also to take departmental action against such a process server.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 113: Process may be served on attorney or law practitioner:
(1) Notwithstanding anything contained elsewhere in this Chapter, if a person has lawfully appointed an attorney or law practitioner for receiving a process to be served on that person, such a process may be served on that attorney or law practitioner.