yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (18)
(1) The judgment holder shall, prior If a precept is received to effect the enforcement pursuant to sub-section (17), the concerned court shall effect the enforcement pursuant to law and give information thereof to such a court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (19)
(1) The judgment holder shall, prior After effecting the enforcement by the court pursuant to this Section, the court shall give a proof thereof to the judgment holder.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (20)
(1) The judgment holder shall, prior The court shall complete the effecting of enforcement within six months after the appearance of the parties in the court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (21)
(1) The judgment holder shall, prior The concerned party shall bear the actual costs incurred in course of the enforcement.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (22)
(1) The judgment holder shall, prior If the judgment holder demands for enforcement in accordance with the judgment, enforcement shall be effected accordingly. Provided that if the matter to be enforced consists of a land or physical structure with such area as is not allowed by law for plotting out for partition or enforcement, the court shall enforce the delivery of possession of the land or structure on the basis of the agreed price if both party so agree and the local market price (Panchakirti price) or price of auction sale if they do not so agree. If, in effecting such an enforcement, any party wishes to pay it in cash, that party may do so.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (23)
(1) The judgment holder shall, prior If any person is held to have built or made a physical structure by encroaching of other's land and enforcement is to be effected in relation thereto, such a structure shall be demolished, and 165 the person who has built or made the structure by making such encroachment shall bear the costs incurred therein.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 238: Procedures for enforcement:
Subsection (24)
(1) The judgment holder shall, prior The judgment holder shall be awarded with the amount of compensation if the parties agree thereto without demolishing the structure referred to in sub-section (23), and with an amount consisting of the local market Panchakirti price and additional sum of twenty-five percent of such price if the parties do not agree on the amount of compensation in spite of their agreement not to demolish it.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 239: Procedures for effecting registration and de-registration of
matter and transmission: (1)  If, in the course of making registration and de-registration of the matter and transmission, in pursuance of a judgment, the judgment holder is on recognizance pursuant to Section 235, the court shall, for the purpose of executing the judgment, send a precept, accompanied with its statement, to the office making registration and de-registration of the matter and transmission, and also ask the party to appear in that office within twenty-one days.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 239: Procedures for effecting registration and de-registration of
Subsection (2)
If a percept is received from the court pursuant to subsection (1) and the concerned party appears in it, the office shall effect the registration and de-registration of the matter and transmission in pursuance of the judgment within three days.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 239: Procedures for effecting registration and de-registration of
Subsection (3)
If any party appears in the concerned office for registration and de-registration of the matter and transmission after the expiration of the time-limit referred to in sub-section (1), the office shall effect the registration and de-registration of the matter and transmission in pursuance of the judgment, by collecting a fee of five hundred rupees for each year. 166
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 240: Procedures relating to preemption:
(1) If, in the course of executing preemption in pursuance of a judgment, any party is on recognizance pursuant to Section 235, the court shall appoint the date for such a party to appear to obtain preemption of the property subject to preemption or receive the deposited amount and send the party to the office holding the deposited amount.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 240: Procedures relating to preemption:
Subsection (2)
(1) If, in the course of If both parties to effect preemption appear in the office pursuant to sub-section (1), the office shall hand over the deposited amount to the preemptee within seven days and deliver up the document of such property and receipt thereof to the preemptor.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 240: Procedures relating to preemption:
Subsection (3)
(1) If, in the course of If only the preemptee appears in the office pursuant to sub-section (1), the office shall hand over the amount to him or her pursuant to sub-section (2) and deliver up the documents including the receipt of payment of the amount to the preemptor as and when he or she appears.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 240: Procedures relating to preemption:
Subsection (4)
(1) If, in the course of If only the preemptor appears in the office pursuant to sub-section (1), the office shall effect preemption in pursuance of the judgment and deliver up the documents including the receipt of payment of amount to him or her.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 240: Procedures relating to preemption:
Subsection (5)
(1) If, in the course of If preemption is effected by the office pursuant to this Section, the preemptee shall receive the deposited amount within thirty-five days of the date of preemption.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 240: Procedures relating to preemption:
Subsection (6)
(1) If, in the course of If the preemptee appears to receive the deposited amount after the expiration of the time-limit referred to in subsection (5), the office shall return to such a person the deposited amount remaining after deduction of additional three percent of the 167 deposited amount if it is within one year and addition five percent thereof if it is within three years.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 240: Procedures relating to preemption:
Subsection (7)
(1) If, in the course of If the preemptee does not appear to receive the deposited amount even within the time-limit referred to in subsection (6), the office shall credit such deposited amount into the government fund.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
(1) If, in the course of effecting partition in pursuance of a judgment, the parties are on recognizance pursuant to Section 235, the court shall effect partition by setting aside partition shares within six months.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (2)
(1) If, in the course of effecting If a judgment is made to set aside partition shares for more than one coparceners if and, any coparcener is absent, the court shall serve a fifteen-day process in the form referred to in Schedule26 on the coparcener who is absent.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (3)
(1) If, in the course of effecting If the concerned coparcener appears within the timelimit referred to in sub-section (2), the court shall set aside partition shares in presence of all coparceners.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (4)
(1) If, in the course of effecting If all coparceners entitled to partition do not appear within the time-limit referred to in sub-section (2), the court shall set aside partition shares of the coparceners who are absent and effect partition shares of the coparceners who are present.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (5)
(1) If, in the course of effecting If partition is effected pursuant to sub-section (4), the person failing to appear within the time-limit shall not be entitled to make a suit on the matter of effecting partition or of higher or lower grade or value of the partition. 168
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (6)
(1) If, in the course of effecting If it is necessary to send a commission to effect partition, the court shall send the commission to an employee to effect partition.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (7)
(1) If, in the course of effecting In the course of setting aside partition shares pursuant to this Section, the coparceners bound to give partition in pursuance of the judgment or the coparceners who take custody of the property set forth in the inventory, their representatives or other major persons living in the joint family shall show such property set forth in the inventory as to be partitioned.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (8)
(1) If, in the course of effecting If the person giving partition or taking custody of the property is not found or any major person living in the joint family cannot show all properties as set forth in the inventory, the court shall serve a process in the format referred to in Schedule-27 on the person giving, and taking custody of, the partition share, thereby ordering them to appear in the court within fifteen days, excluding the time required for journey.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (9)
(1) If, in the course of effecting If the person giving partition or taking custody of the property fails to appear within the time-limit referred to in subsection (8) or does not show the property subject to partition despite making appearance, the court shall effect partition according to the inventory by opening the closed property, if any, in presence of a member or representative of the Local Level and at least two persons as witness.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (10)
(1) If, in the course of effecting If the parties fail to appear within the time-limit referred to in sub-section (2) or (8), the court shall commence proceeding to effect partition by setting aside partition shares in pursuance of the judgment within three days after the expiration of such time-limit. 169
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (11)
(1) If, in the course of effecting If any party appear in the court after the time-limit given pursuant to sub-section (8) and if, the execution of partition is not completed by that time, the court shall effect partition in pursuance of the judgment in presence of him or her also.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (12)
(1) If, in the course of effecting If, in the course of making partition, all properties set forth in the inventory are not in order, the claimed amount of the shortfall property shall be ascertained, and reimbursed from the partition share of the partition giver or the person taking custody of the property. If the partition share is not recovered even from such reimbursement, recovery shall be made from any other property owned and possessed by such a person to the person receiving partition, in consideration for such shortfall portion.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (13)
(1) If, in the course of effecting If, in the course of effecting partition, the person receiving partition or a major person living in the joint family refuses to receive his or her partition share and any perishable property is subject to partition, the court shall auction such property. If the concerned person does not appear to receive the proceeds of such auction subsequently, the court shall return the amount remaining after deducting ten percent thereof to him or her.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (14)
(1) If, in the course of effecting If, in effecting partition, the property subject to partition cannot be so partitioned as to be enjoyable by all coparceners equally or the form of such property consisted of any house, land or in-kind property is changed upon partition and becomes unusable, partition shall be so effected that any coparcener may take such property at the price, if any, set by agreement of all coparceners, and at the local market (Panchakirti) price, if there is no such an agreement. 170
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (15)
(1) If, in the course of effecting If more than one coparceners wish to take the property at the price set pursuant to sub-section (14), partition shall be effected so that the coparcener set by lot may take it.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (16)
(1) If, in the course of effecting If partition cannot be effected pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (14)
(1) If, in the course of effecting or (15), the property shall be auctioned in participation of the parties to the case and other persons as well, and the proceeds of auction shall be partitioned among the coparceners in pursuance of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (17)
(1) If, in the course of effecting If the coparceners do not agree as to the property subject to partition, the court shall divide such property on proportionate of higher or lower value or grade and effect partition by lot.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (18)
(1) If, in the course of effecting If any person does not show or produce the property in his or her custody as set forth in the inventory, the court shall sentence such a person to a fine of five percent of the claimed amount of the property that was not so shown or produced.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (19)
(1) If, in the course of effecting If in a case in which final judgment is made holding the plaintiff to be entitled to partition, the other defendant coparceners also make a petition for setting aside and receiving their respective partition shares, the court shall set aside such partition shares from the property as held by judgment and cause the same to be provided to them, by collecting the court fee chargeable by law.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (20)
(1) If, in the course of effecting If the property subject to partition is situated also in another district, the court shall also send a precept to the concerned court to effect partition of such property. 171
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (21)
(1) If, in the course of effecting If a precept is received pursuant to sub-section (20), the concerned court shall effect partition pursuant to this Section and give information thereof to such a court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (22)
(1) If, in the course of effecting If any one transfers a property subject to partition or a new coparcener is added or the number of coparceners decreases during the pendency of the case in the court or prior to the execution of the judgment made in such a case, a plaint need not be made again for that purpose, and in such a circumstance, partition shall be effected upon examining the truth of the petition, if any, made to the court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 241: Procedures for effecting partition:
Subsection (23)
(1) If, in the course of effecting In effecting partition pursuant to this Section, a fee shall be charged by two point five percent of the property so partitioned.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
(1) If, in the course of recovering the claimed amount in pursuance of a judgment, the judgment holder is on recognizance pursuant to Section 235, the court shall cause a document to be executed by such a party as to whether he or she wishes to recover the claimed amount.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (2)
(1) If, in the course of If, in executing a document pursuant to sub-section (1), the judgment holder does not wish to recover the claimed amount, the court shall remind him or her of the consequence that may arise from such failure to recover the claimed amount, terminate the judgment execution proceeding and cross off the records of the claimed amount, on the same day.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (3)
(1) If, in the course of If, in executing a deed pursuant to sub-section (1), the judgment holder wishes to recover the claimed amount and the judgment debtor is on recognizance, the court shall give a time of a 172 maximum of thirty-five days to the judgment debtor to pay the claimed amount ought to be paid in pursuance of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (4)
(1) If, in the course of The judgment debtor shall pay an amount equal to the claimed amount to the court in cash or by a good for payment cheque or any other instrument within the time given pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (3)
(1) If, in the course of .
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (5)
(1) If, in the course of Notwithstanding anything contained in sub-section (4), the judgment debtor may make a request to the court to recover the claimed amount from any property of him or her.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (6)
(1) If, in the course of If the judgment debtor is not present in the court, or despite being present, does not pay the amount in consideration of the claimed amount or fails to show a property pursuant to subsection (5) or the judgment holder does not agree because it is not possible to recover the claimed amount from the property so shown, the judgment holder may, showing the property of the judgment debtor, make a petition to the court for the recovery of the claimed amount from such property.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (7)
(1) If, in the course of If, in recovering the claimed amount pursuant to this Section, any property has to be freezed, the court shall freeze such property as required and effect the recovery of the claimed amount by auctioning such property also as required.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (8)
(1) If, in the course of If the proceeds of auction of the property made pursuant to sub-section (7) exceed the claimed amount, the court shall immediately return such excess amount to the judgment debtor if he or she is present. 173
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (9)
(1) If, in the course of If the concerned party refuses to receive the amount pursuant to sub-section (8), the court shall credit that amount into the deposit account.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (10)
(1) If, in the course of If the concerned person does not appear to receive the amount within one year after the date on which such amount was credited into the deposit account, such an amount shall be paid to the government fund.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (11)
(1) If, in the course of If a property from which the claimed amount is to be recovered is situated in another district, the court shall send a precept to the concerned court to recovery the claimed amount.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (12)
(1) If, in the course of If a precept is received pursuant to sub-section (11), the concerned court shall effect recovery of the claimed amount pursuant to this Section and give information thereof to such a court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (13)
(1) If, in the course of Notwithstanding anything contained elsewhere in this Section, if the judgment holder discovers the concealment or hiding of any property by the judgment debtor and makes a petition showing the same while the judgment debtor is alive, the court shall auction the property and effect the recovery to the extent of the claimed amount to which he or she is entitled.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (14)
(1) If, in the course of The court shall, in consideration for effecting the recovery of the claimed amount pursuant to this Section, collect a fee of three percent of such a claimed amount from the judgment holder.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 242: Procedures for recovering claimed amount:
Subsection (15)
(1) If, in the course of If the judgment debtor, in the matter of the recovery of the claimed amount of any person pursuant to this Section, makes a petition, accompanied by a bank guarantee issued by any commercial bank, to the court for a facility of payment of the whole or shortfall 174 of the claimed amount in installments and if the judgment holder so agrees, the court may cause such claimed amount to be paid over in installments.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 243: Property subject to attachment:
(1) In making attachment of property in consideration for the claimed amount pursuant to Section 242, the partition shares of those, above twelve years of age, who have not separated bread and board and are living together and enjoying or using such property or of those who, despite having obtained their respective partition share or separated bread and board, live together while enjoying or using that property shall also be subject to attachment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 243: Property subject to attachment:
Subsection (2)
(1) In making attachment of In making attachment pursuant to sub-section (1), the property that remains upon setting aside the following property shall be attached: (a) If any property subject to attachment is a personal property of a person other than the attachment, such property, (b) Up to three pairs of clothes and up to three pairs of shoes being or to be put on by the person whose property is being attached and his or her joint family, (c) Such bare cooking and dining utensils, pots and bare quilt and mattress and a reasonable number of furniture as required for the person whose property is being attached and his or her joint family, (d) Such books as required for the joint family of the person whose property is being attached to impart education, 175 (e) Medicines and medical equipment already purchased for the person whose property is being attached and his or her joint family prior to the commencement of the attachment proceeding, (f) Such food as required for the person whose property is being attached and his or her joint family to maintain livelihood for a maximum of three months, (g) Bare inputs or tools related with the occupation or employment of the person whose property is being attached and his or her joint family.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 243: Property subject to attachment:
Subsection (3)
(1) In making attachment of Notwithstanding anything contained in sub-section (2), in setting aside property pursuant to clauses (b), (c), (d), (e), (f) and (g) of that sub-section, no property valued at more than one hundred thousand rupees shall be so set aside.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 243: Property subject to attachment:
Subsection (4)
(1) In making attachment of If the claimed amount cannot be recovered in full even upon making attachment pursuant to sub-section (2), no other family members shall be attached.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
(1) If the claimed amount is not recoverable in full even from the auction sale made pursuant to sub-section (7) of Section 242, a property is not shown or the property cannot be auctioned, and the judgment holder, wishing to subject the judgment debtor to imprisonment, makes a petition for the same within fifteen days on which the property was auctioned or the circumstance referred to in this sub-section occurred, the court shall execute a memorandum thereof and imprison the judgment debtor in accordance with law. 176
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (2)
(1) If the claimed In imprisoning the judgment debtor pursuant to subsection (1), the court shall convert the remaining claimed amount into imprisonment at the rate of four hundred rupees a day, and imprison him or her equal thereto.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (3)
(1) If the claimed In subjecting to imprisonment pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (1)
(1) If the claimed , the term of such imprisonment may not exceed four years in the case of a claimed amount of the Government of Nepal or a public body under full or majority ownership or control of the Government of Nepal and two years in the case of a claimed amount of an individual or other body.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (4)
(1) If the claimed If, in subjecting to imprisonment pursuant to subsection (1), the claimed amount is or remains less than four hundred rupees, the concerned person shall be imprisoned for one day for such amount.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (5)
(1) If the claimed In subjecting to imprisonment pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (1)
(1) If the claimed , the person wishing to effect such imprisonment shall bear such ration expenses as chargeable under law.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (6)
(1) If the claimed In subjecting to imprisonment in lieu of a fine, one shall be so imprisoned at the rate of two hundred rupees a day as not to exceed four years.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (7)
(1) If the claimed Prior to subjecting to imprisonment pursuant to this Section, the concerned person shall be given a reasonable time to present his or her statements.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 244: Imprisonment for claimed amount or fine:
Subsection (8)
(1) If the claimed Notwithstanding anything contained elsewhere in this Chapter, if the judgment debtor in default of payment of the remaining claimed amount is imprisoned by order of the court at the 177 party's request for the unrecovered remaining claimed amount, no claim may be made again in relation to that claimed amount.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 245: Matter to be done when the judgment debtor dies:
(1) If the judgment debtor dies prior to the recovery of such claimed amount, the claimed amount shall be recovered from the property in which he or she has right.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 245: Matter to be done when the judgment debtor dies:
Subsection (2)
(1) If the If the claimed amount cannot be recovered from the property in which he or she has right, the shortfall claimed amount shall be recovered from the person who succeeds to his or her property.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 245: Matter to be done when the judgment debtor dies:
Subsection (3)
(1) If the Notwithstanding anything contained in sub-section (2), in recovering the claimed amount from the successor, no amount in excess of that succeeded to by him or her shall be recovered.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 246: Concession in fine: If a person sentenced to a fine pursuant to a
judgment pays the fine immediately or within sixty days of the date of the judgment, the person shall enjoy twenty percent concession in the fine imposed on him or her.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 247: Execution of deed of compromise:
(1) If any deed of compromise is so executed that any act has to be done, or caused to be done, by any government body, the court shall send a precept to the concerned office to do the act referred to in the deed of compromise, within three days of the execution of such a deed.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 247: Execution of deed of compromise:
Subsection (2)
(1) If any deed of compromise Even though, in a case involving more than one plaintiff or defendant, all parties are not present for the execution of the deed of compromise, the deed of compromise shall be executed after the expiration of the time-limit referred to in sub-section (1). In so 178 executing the deed of compromise, the court shall also protect the interest of the person who does not appear for such execution.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 248: Period for refund of court fee, deposit and cost:
(1) Except as otherwise provided for in this Act, in order to get refund of such amount of court fee and deposit as held to be refunded pursuant to a judgment, the concerned person shall make a petition praying demand for such refund, along with evidence, to the court within one year after the date of knowledge of the final judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 248: Period for refund of court fee, deposit and cost:
Subsection (2)
(1) Except as If the amount demanded pursuant to sub-section (1) is refundable, the amount of court fee shall be returned within three months and deposit, within seven days of the date of receipt of the petition.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 248: Period for refund of court fee, deposit and cost:
Subsection (3)
(1) Except as Except as otherwise provided for in this Act, the person entitled to receive or refund of the proceeds of auction shall receive such amount within six months after the date of auction.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 248: Period for refund of court fee, deposit and cost:
Subsection (4)
(1) Except as If the concerned person fails to receive the court fee, deposit or amount within the time-limit referred to in sub-section (1) or (3), such fee, deposit or amount shall then become nonrefundable, and be credited to the government account.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 249: Fee chargeable for the execution of judgment:
(1) Except as otherwise provided for in this Chapter, the court shall collect the fee at the rate of five percent from the recipient of any amount the payment of which has been effected by the court pursuant to a judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 249: Fee chargeable for the execution of judgment:
Subsection (2)
(1) Except as Notwithstanding anything contained in sub-section (1), no fee shall be charged for such specification of repayment date, 179 delivery of any document or division of borrowers between creditors as effected by the court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 250: Complaint may be made:
(1) A concerned person who is not satisfied with any act done or action taken by the concerned employee in the course of execution of a judgment may make a complaint to the judge of the same court within fifteen days.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 250: Complaint may be made:
Subsection (2)
(1) A concerned person who is not A person who is not satisfied with a decision taken on the complaint made pursuant to sub-section (1) may make a petition to the appeal hearing court.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 250: Complaint may be made:
Subsection (3)
(1) A concerned person who is not A complaint made pursuant to sub-section (1) and petition made pursuant to sub-section (2) shall be disposed of within one month and two months, respectively.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 250: Complaint may be made:
Subsection (4)
(1) A concerned person who is not A party who remains absent on the date for appearance despite receiving the notice for appearance for the execution of judgment shall not make a complaint or petition referred to in this Section.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 251: Proceeding not to be void merely by the reason of absence of
representative: (1) If any proceeding has to be conducted in presence of, or bear signature and thumb impression of, a member or representative of the Local Level pursuant to this Chapter, such proceeding may be conducted, or caused to be conducted, even though such a member or representative does not appear despite giving a written notice for the presence of such a member or representative.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 251: Proceeding not to be void merely by the reason of absence of
Subsection (2)
Any proceeding otherwise duly conducted shall not be invalid merely by the reason that a member or representative of the 180 Local Level did not appear or refused to affix his or her signature and thumb impression pursuant to sub-section (1).
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 252: Power to institute action or impose punishment on contempt:
(1) It shall be the duty of the parties to a case to assist in the execution of judgment pursuant to this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 252: Power to institute action or impose punishment on contempt:
Subsection (2)
(1) The court may, in accordance with law, institute action on contempt against, or impose a sentence of a fine not exceeding one thousand rupees or imprisonment for a term not exceeding three months or both on, a person who hinders the execution of judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 253: Employee entitled to incentive:
(1) If a government employee who is deputed for the recovery of the imposed fine, penalty or claimed government amount in pursuance of a judgment does not wish to receive the amount for daily and travel allowance, the employee shall be entitled to the incentive allowance of twenty-five percent of the amount recovered.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 253: Employee entitled to incentive:
Subsection (2)
(1) If a government employee who The bailiff (Tahashildar) shall be entitled to an incentive of five percent of the amount recovered pursuant to sub-section (1).
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 253: Employee entitled to incentive:
Subsection (3)
(1) If a government employee who The allowance or amount referred to in sub-sections (1) and (2) shall be chargeable on the amount of fine or government claimed amount recovered.
The National Civil Procedure (Code) Act, 2017
Chapter-22: Provisions Relating to Execution of Judgments
Section 253: Employee entitled to incentive:
Subsection (4)
(1) If a government employee who If any person, other than a government employee, has recovered the government claimed amount or fine pursuant to this Section, an amount equal to the amount referred to in sub-section (2) may be provided to that person as if he or she were a government employee. 181
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 254: Inquiry into and filing of civil case in which Government is
plaintiff: (1) A person who intends to institute a case referred to in Schedule-28 and a case which is so specified by the law in force as a case to which the Government of Nepal, Provincial Government or Local Level is a plaintiff shall make a written report or verbal notice, setting out the evidence on the matter of such a case whatever he or she has or knows to the best of his or her knowledge and information, to such an authority as specified by the Government of Nepal by a notification in the Nepal Gazette or to the land revenue officer of the concerned district failing such specification.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 254: Inquiry into and filing of civil case in which Government is
Subsection (2)
If a verbal notice is made pursuant to sub-section (1), the concerned authority shall write down the matter of such a person in the format of a report and take his or her signature and thumb impression thereon.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 254: Inquiry into and filing of civil case in which Government is
Subsection (3)
If a report is received pursuant to sub-section (1), the concerned authority shall, as required, make survey and measurement of the house or land related to the case or inquire into other necessary matter, and send the original case-file and a copy thereof, along with the evidence collected and his or her opinion, as well, to the government attorney of the concerned district at least fifteen days in advance of the expiry of the statute of limitation under the relevant law, having regard to the time required for making 182 decision of whether of nor to institute the case and the time required for preparing a plaint and filing it if decision is made to institute the case.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 254: Inquiry into and filing of civil case in which Government is
Subsection (4)
Even though any report is not made by any one pursuant to sub-section (1), the concerned authority shall, on his or her own motion, collect necessary evidence, complete the procedures referred to in sub-section (3) and send the documents, along with the casefile, to the government attorney of the concerned district if he or she has a reason to institute the case referred to in sub-section (1).
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 254: Inquiry into and filing of civil case in which Government is
Subsection (5)
If a case-file is received pursuant to sub-section (3) or
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 254: Inquiry into and filing of civil case in which Government is
Subsection (4)
, the government attorney shall, upon studying the case-file, decide whether or not to institute the case on that matter.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 254: Inquiry into and filing of civil case in which Government is
Subsection (6)
If decision is made to institute the case pursuant to subsection (5), the government attorney shall prepare a plaint and file the case, along with the evidence, in the concerned court.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 254: Inquiry into and filing of civil case in which Government is
Subsection (7)
If decision is made not to institute the case pursuant to sub-section (5), the government attorney shall return the case-file so received and evidence to the concerned authority.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 255: Case to be instituted with Government being plaintiff: A case
filed pursuant to Section 254 shall be instituted as one in which the Government is plaintiff. Provided that Section 91 shall govern the matter in which a plaint has to be made.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 256: To give notice if case appears to be instituted by person:
(1) If, in studying the case-file pursuant to sub-section (5) of Section 254, it 183 appears that such a case should not be instituted upon the Government being plaintiff but should be instituted by the aggrieved person in accordance with law, the government attorney shall make decision accordingly and notify the case-file sending authority to give a notice thereof to the concerned person.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 256: To give notice if case appears to be instituted by person:
Subsection (2)
(1) If, in The statute of limitation specified by law shall be computed from the date of receipt of the notice referred to in subsection (1), in the case of the concerned person.