yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 1: Short title and commencement:
(1) This Act may be cited as the "National Civil Procedure (Code) Act, 2017".
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 1: Short title and commencement:
Subsection (2)
(1) This Act may be cited as the This Code shall come into force on 17 August 2018 (first day of the month of Bhadra of the year 2075).
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
this Code,- (a) "court" means the Supreme Court, High Court or District Court, and this term also includes any other court, judicial body or authority empowered by law to proceed, hear and adjudicate any specific type of civil cases; (b) "law" means a law for the time being in force; (c) "endorsement" means an order made and signed by the concerned officer, on the reverse side or any other part of a document or on a separate paper, specifying the ground and reason why such a document is incapable of being registered pursuant to law; (d) "civil case" means a case related to a legal right, obligation, status, post, family relation or property, other than a case defined by law as a criminal case, and also includes a case on any of the following matters:
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (1)
Establishment of relationship, or divorce,
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (2)
Fee, remuneration, salary, allowance or wage,
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (3)
Partition, succession, donation, gift, guardian, curator, paternal authority, adoption,
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (4)
Any right or claim under any contract, quasi-contract or unjust enrichment,
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (5)
Any right or claim relating to tort, quasi-tort or defective product,
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (6)
Servitude,
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (7)
Compensation,
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (8)
Any other matter of civil nature. (e) "judge" means  the authority of a court to proceed, hear and adjudicate a case, and also includes an authority competent to proceed, hear and adjudicate a civil case; (f) "memorandum of appeal" means a petition, accompanied by his or her pleas, made by a  person who is not satisfied with a decision of a lower court to a higher court for the correction of the decision; (g) "statement of defense" (note of defense) means a written response admitting or rebutting the claims set forth in the plaint and submitted to the court, and also includes a statement equivalent to a note of defense; (h) "counterclaim" means a claim made by the defendant on the claim made by the plaintiff; (i) "defendant" means a person who submits a note of defense, and also includes a person who makes a statement as if he or she were a defendant or a person who has been set by the court to be a defendant; (j) "plaint" means a complaint, law-suit, claim or petition made by a person praying for the establishment of his or her right, interest or concern, or execution of his or her claim, on any matter, and also includes a deposition equivalent to a plaint, or a counterclaim set forth in the statement of defense; (k) "case-file" means a file related to a case maintained in a court, recording a plaint, statement of defense, memorandum of appeal, petition, and the proof and evidence and other document related thereto; (l) "case" means a civil case; (m) "process" means a notice or subpoena issued by a court in the name of any person in the course of proceedings of a case; (n) "person" means a natural person, and this term also includes a legal person; (o) "plaintiff" means a person who files a plaint; (p) "Local Level" means a Rural Municipality (Gownpalika) or a Municipality; (p) "property" means a movable or immovable property.
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 3: Matters set forth in separate law not to be affected:
(1) The provisions set forth in several procedural laws made on several matters shall govern such matters, and no provision contained in this Act shall affect such matters.
The National Civil Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 3: Matters set forth in separate law not to be affected:
Subsection (2)
(1) The The procedural matters not contained in the law referred to in sub-section (1) shall be governed by this Act.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 4: Principles to be followed in civil cases: The court shall generally
follow the principles and provisions set forth in this Chapter in proceeding, hearing and adjudicating cases.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 5: Hearing to be held in open bench: Except as otherwise provided in
law or ordered by the court on a petition by a party to a case, the case shall be proceeded, heard and adjudicated in open bench.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 6: Hearing to be made by competent court: Only the court
empowered by law shall proceed, hear and adjudicate any case.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 7: Question of entitlement or disentitlement to be settled by court
only: (1) If there arises a question of entitlement or disentitlement on any matter, such a question shall be settled by the regular court only. Explanation: For the purposes of this Act, the term "regular court" means the District Court, High Court or Supreme Court.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 7: Question of entitlement or disentitlement to be settled by court
Subsection (2)
If, in proceeding any case sub-judice in a court or body other than the regular court, it appears that any other matter should be proceeded, heard and adjudicated only after the settlement of the question of entitlement or disentitlement, the concerned authority shall order the parties to have such a question settled by the regular court.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 8: Dispute relating to legal status to be settled by the regular court
only: Any dispute related to the settlement of relationship, divorce or legal status of any person shall be settled by the regular court only.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 9: Status of parties to be equal:
(1) In proceeding, hearing and adjudicating a case, the status of parties to the case shall be equal.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 9: Status of parties to be equal:
Subsection (2)
(1) In proceeding, hearing and The court shall accord equal treatment to each party to a case.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 9: Status of parties to be equal:
Subsection (2)
(1) In proceeding, hearing and If, in the course of the proceedings of a case, the Government of Nepal or any body thereof or any legal person appears before the court as a plaintiff or defendant, except as otherwise provided for in law or ordered by the court, the Government of Nepal, such a body or a person shall not be entitled to claim any separate status, facility, privilege, immunity or exemption in the course of such proceedings.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 10: One to have locus standi to make plaint: A person who intends to
file a plaint in the court shall set down in the plaint that he or she is entitled to make any claim or has lawful interest or concern in such a claim, and show his or her locus standi.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 11: Jurisdiction not to be in vacuum: There shall be a court or an
authority with jurisdiction specified by law for the filing, proceeding, hearing and adjudicating any case.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 12: Not to be allowed to avoid making decision:
(1) No judge may avoid deciding a case on the ground that law is inadequate or unclear.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 12: Not to be allowed to avoid making decision:
Subsection (2)
(1) No judge may If there exists a circumstance referred to in sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 12: Not to be allowed to avoid making decision:
Subsection (1)
(1) No judge may , decision shall be made based on the recognized principles of law and justice.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 13: Opportunity to be given for compromise or mediation:
(1) Prior to passing a judgment in any case, the court shall give an opportunity to the parties to compromise such a case or enter into a compromise by following the procedures of mediation.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 13: Opportunity to be given for compromise or mediation:
Subsection (2)
(1) Prior If, in giving an opportunity pursuant to sub-section (1), the parties agree to enter into compromise or have recourse to the procedures of mediation, the case shall be capable of being compromised or compromised through mediation, irrespective of the level trying the case.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 14: Principle of res judicata to be followed: Once a case is filed and
adjudged, the court shall not hear and adjudge the case involving the same matter and the same plaintiff and defendant more than once, except for an appeal made in the case or non-execution of the deed of compromise.
The National Civil Procedure (Code) Act, 2017
Chapter-2: General Principles of Civil Procedural Law
Section 15: Right of appeal: In a case in which any court has passed judgment
or final order and made settlement upon originally proceeding and hearing it, a person who is not satisfied shall have right to make an appeal in the concerned appeal hearing court in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 16: Jurisdiction:
(1) In order for a court to proceed, hear and adjudicate a case, the court shall have jurisdiction to that effect pursuant to law.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 16: Jurisdiction:
Subsection (2)
(1) In order for a court to proceed, hear and adjudicate Any proceeding, hearing, order or verdict made in the course of a case by a court devoid of jurisdiction shall be void.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 16: Jurisdiction:
Subsection (3)
(1) In order for a court to proceed, hear and adjudicate In passing a verdict, the court shall state in the judgment under which law it has established the jurisdiction.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 17: Jurisdiction of court: The concerned court shall have power, as
provided for in law, to originally proceed, hear and adjudicate cases, hear appeals therefrom, revise or review them.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 18: District court to have jurisdiction:
(1) In relation to any case related to any immovable property, servitude, ditch and boundary, requiring on-site examination or inquiry by the nature of the subjectmatter of the case and any case requiring the examination of any land, house or property in view of the matters set down in the plaint, the district court of the district where such land, house or property is situated shall have jurisdiction to proceed, hear and adjudicate such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 18: District court to have jurisdiction:
Subsection (2)
(1) In relation to any case The district court of the district where such property is situated shall have power to proceed, hear and adjudicate the following cases, in addition to that set forth in sub-section (1): (a) A case involving the question of rent, crop or claimed amount or related to the ownership, possession, use of, or entitlement or disentitlement to, a property, (b) A case related to freezing to or preemption, of an immovable property, (c) A case related to division of an immovable property, (d) A case related to the security, mortgage, use or enforcement of possession, of an immovable property, (e) A case related to any concern or interest in an immovable property, (f) A case related to compensation related with an immovable property.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 18: District court to have jurisdiction:
Subsection (3)
(1) In relation to any case Notwithstanding anything contained in sub-section (1) or (2), the district court in which the plaint of a partition case is filed, out of the district courts of the districts where the plaintiff or the defendant is staying, shall have power to proceed, hear and adjudicate the case.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 19: District court where defendant is residing or act done to have
jurisdiction: (1) The district court in which the plaint is filed, out of the district court of the district where the act has been done and the district court of the district where the defendant is staying, shall have power to proceed, hear and adjudicate any case other than that set forth in Section 18. Explanation: For the purposes of this Section, the term "district where the defendant is staying" means the district of the defendant's residence, and also includes, in the case of a legal person, the district where the head office of such a person is situated.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 19: District court where defendant is residing or act done to have
Subsection (2)
If the plaintiff and the defendant carry on general transaction in a district other than the district of their residence, the district court in which the plaint is filed, out of the district court of the district where such transaction was carried on and the district court of the district where the plaintiff or the defendant, as the case may be, is staying, shall have power to proceed, hear and adjudicate such case.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 19: District court where defendant is residing or act done to have
Subsection (3)
If, in the circumstance referred to in sub-section (1), any case consists of two or more defendants, the plaint shall be filed in the district court of the district where the most of the defendants are staying. Provided that if an equal number of defendants are staying in more than one district, the plaint may be filed in any district court of the districts where such defendants are staying.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 20: Jurisdiction over cases relating to transaction carried on abroad
Subsection (1)
Notwithstanding anything contained in Sections 18 and 19, if any deed relating to a general transaction carried on or contract concluded in a foreign country provides that a case on the matter of such transaction or contract can be filed in any court of Nepal, the district court of the district where the plaintiff or the defendant is residing shall have power to proceed, hear and adjudicate such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 20: Jurisdiction over cases relating to transaction carried on abroad
Subsection (2)
Notwithstanding anything contained in sub-section (1), if any deed relating to a general transaction or contract provides that a case on the matter of such transaction or contract can be filed in any particular district court of Nepal, that district court shall have power to proceed, hear and adjudicate such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 21: Jurisdiction over transaction done on broad Nepali aircraft or
ship: The court of Nepal shall, subject to Section 20, have jurisdiction to proceed, hear and adjudicate a case on any transaction done on broad an aircraft or ship, registered in Nepal in accordance with law, while such an aircraft or ship is outside Nepal.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 22: Higher court to have jurisdiction: If a case is filed in both lower
and higher courts on any matter falling under the jurisdiction of the lower and higher courts under law, the higher court shall have jurisdiction to proceed, hear and adjudicate the case.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 23: Court to have jurisdiction: If any case of the same matter is filed in
both the court and other judicial body, the regular court shall have jurisdiction to proceed, hear and adjudicate such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 24: Jurisdiction over case in which public servant is a plaintiff or
defendant: (1) Notwithstanding anything contained elsewhere in this Chapter, in filing a plaint by a public servant in his or her official capacity against any one or by a person against the public servant in such capacity, such a plaint shall be filed in the district court of the district where the office in which the public servant is serving for the time being or the district where the plaintiff is staying.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 24: Jurisdiction over case in which public servant is a plaintiff or
Subsection (2)
In filing a plaint or submitting a statement of defense in his or her personal capacity, a public servant may register it with the district court of the district where he or she is serving.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 24: Jurisdiction over case in which public servant is a plaintiff or
Subsection (3)
If any plaint or statement of defense is registered pursuant to sub-section (2), the court shall forward such a plaint or statement of defense to the concerned district court.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 24: Jurisdiction over case in which public servant is a plaintiff or
Subsection (4)
If any plaint or statement of defense is received pursuant to sub-section (3), the concerned district court shall proceed, hear and adjudicate the case in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 25: Concerned district court to have jurisdiction:
(1) If no court or authority is specified by law to have jurisdiction to proceed, hear and adjudicate a case, the concerned district court shall have jurisdiction to proceed, hear and adjudicate such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 25: Concerned district court to have jurisdiction:
Subsection (2)
(1) If no court or If any court, body or authority has power under law to proceed, hear and adjudicate any case but such court or body or authority is yet to be formed or specified, the concerned district court shall have power also to proceed, hear and adjudicate such a case pending the formation of such a court or body or specification of such an authority.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 26: Plaint to be maintained in one court only:
(1) If a person has filed several plaints on the same matter in several courts, the plaint shall be maintained in any one court with the consent of both parties to the case, and information thereof shall be given to the rest courts.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 26: Plaint to be maintained in one court only:
Subsection (2)
(1) If a person has filed If information is received from any court pursuant to sub-section (1) as to whether the plaint filed in such a court is to be maintained or revoked, the court in receipt of such information shall accordingly maintain or void the plaint filed in it.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 26: Plaint to be maintained in one court only:
Subsection (3)
(1) If a person has filed If the parties fail to agree pursuant to sub-section (1), the plaint filed earlier in the court, shall be maintained, and the plaints in the other courts shall be voided.
The National Civil Procedure (Code) Act, 2017
Chapter-3: Provisions Relating to Jurisdiction
Section 27: Jurisdiction of appeal hearing court: If a case is filed in, and
proceeded, heard and adjudicated by, any court in accordance with this Chapter, the court hearing appeals from the orders or judgments passed by that court shall have jurisdiction to proceed, hear and adjudicate appeals, as provided for in law.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
(1) A person shall so prepare a deed clearly setting out the matter on which it is to be prepared, which may be printed, typed or hand-written, that it does not contain any error and overwriting, and the executor concerned with that deed shall affix signature or thumb impression on it. Explanation: For the purposes of this Chapter,- (a) The term "deed" means any of the following deeds:
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (1)
(1) A person A deed of any kind of general transaction carried on household, transfer, mortgage or pledge of a property,
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (2)
(1) A person A deed of adoption,
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (3)
(1) A person A contract,
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (4)
(1) A person A deed of authorization, power of attorney, deed of consent or other papers of similar nature,
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (5)
(1) A person Any deed to be submitted to a government office or body corporate,
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (6)
(1) A person Any kind of deed, including a plaint, statement of defense, memorandum of appeal, petition and application, to be submitted to the court,
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (7)
(1) A person Any deed to be issued by a government office or body corporate,
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (8)
(1) A person Any other deed whether or not creating a legal right or obligation. (b) The term "executor" means a person who, by the contents of a deed, has responsibility to affix signature or thumb impression on the deed. (c) The term "government office" means a court, office of the Government of Nepal or Provincial Government or constitutional body, and also includes any office receiving budget or grant from, or having involvement of, the Government of Nepal or Provincial Government or Local Level office. (d) The term "body corporate" means a body which is fully or partly owned by the Government of Nepal or Provincial Government, a body established by law, company or trust, and also includes a university, college or school.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (2)
(1) A person If any error is made or contents happen to differ for any reason, in preparing a deed referred to in sub-section (1), and the deed, therefore, requires correction, such correction shall be made by so crossing out the sentence, word, figure or letter that has to be corrected that such sentence, word, figure or letter seems to have been otherwise and writing such sentence, word, figure or letter as should have been mentioned immediately over or under the crossout, and the concerned executor shall affix signature or thumb impression on each place where such cross-out or correction is made.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (3)
(1) A person Notwithstanding anything contained in sub-section (2), if any deed cannot be corrected by way of crossing out or despite that such correction can be made, the corrected content would create confusion or doubt or it is a deed required to be authenticated pursuant to law, another separate deed shall be prepared instead of such a deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (4)
(1) A person In setting down any amount in a deed referred to in subsection (1), the amount shall be set down both in figures and words.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (5)
(1) A person If, in setting down any amount pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 28: Requirements to be fulfilled in preparing deeds:
Subsection (4)
(1) A person , there is a difference between the figures and the words, the contents set down in the words shall be valid.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 29: Requirements to be fulfilled in affixing signature or thumb
impression: (1) In affixing or taking signature or thumb impression on a deed, a person who can write shall write his or her name and sign it, and a person who cannot write shall affix his or her thumb impressions on it.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 29: Requirements to be fulfilled in affixing signature or thumb
Subsection (2)
Notwithstanding anything contained in sub-section (1), in affixing signature or thumb impression on any of the following deeds, the executor shall affix the impressions of both thumbs on it, and also sign it in a manner to prove that he or she has affixed his or her signature on it, if he or she can write: (a) A deed related with the transfer of title to, pledge or mortgage of, a property, (b) Deed of consent or power of attorney to be submitted to a government body or body corporate, (c) A deed of exchange, deed of partition, abandonment of partition share or receipt of partition share to be executed between coparceners, (d) A deed of separation or reunification of bread and board, (e) A deed relating to adoption, (f) A receipt executed separately while repaying or lending a debt, without making endorsement on the reverse side of the deed, (g) A deed of loan, mortgage with possession, mortgage without possession, sub-mortgage, letter of terms of repayment, letter of guarantee, contractual bond (Kabuliyatnama) (h) Contract of bailment, (i) Unsecured bond (Kapali).
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 29: Requirements to be fulfilled in affixing signature or thumb
Subsection (3)
In affixing signature or thumb impression on a deed to be issued by a government office or a body corporate pursuant to sub-section (1), the concerned authority shall sign the deed, writing his or her name and designation, and affix the seal of office on it, and the date of its issue shall be mentioned in such a deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 30: Requirements to be fulfilled in affixing signature on deeds:
(1) A person who can write shall write his or her full name, surname and address in, and sign, the deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 30: Requirements to be fulfilled in affixing signature on deeds:
Subsection (2)
(1) A In affixing signature pursuant to sub-section (1), the other places may be initialed, with affixing full signature on the principal place for signature.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 30: Requirements to be fulfilled in affixing signature on deeds:
Subsection (3)
(1) A In affixing one's signature pursuant to sub-section (1) on a deed of the same matter containing more than one page, the executor required to sign it shall so initial the top and bottom of each page that no content can be inserted to or deleted from the deed and affix his or her full signature on the principal place for signature.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 31: Requirements to be fulfilled in affixing thumb impression:
(1) In affixing or taking thumb impression on a deed, the person affixing such thumb impression shall affix impression of the right thumb on the deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 31: Requirements to be fulfilled in affixing thumb impression:
Subsection (2)
(1) In In affixing or taking thumb impression pursuant to subsection (1), a person shall affix impression of the left thumb if his or her right thumb is either missing or the wheel and conch like marking of which seems unclear, and affix impression of any one right or left finger of which wheel and conch like marking seems clear, if his or her both thumbs are either missing or the wheel and conch like marking of none of seems clear, or his or her thumb impression shall be taken accordingly.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 31: Requirements to be fulfilled in affixing thumb impression:
Subsection (3)
(1) In In the case of a deed requiring the impressions of both thumbs, if the executor's thumb on one hand is either missing or the wheel and conch like marking of which seems unclear, he or she shall affix the thumb impression of any one of the other fingers on that hand, the wheel and conch like marking of which seems clear, and of the thumb on the other hand, the wheel and conch like marking of which seems clear, or his or her thumb impression shall be taken accordingly.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 31: Requirements to be fulfilled in affixing thumb impression:
Subsection (4)
(1) In In affixing or taking thumb impression pursuant to subsection (1), an executor shall affix the thumb impression of any one of the other fingers on each hand, the wheel and conch like marking of which seems clear, if his or her both thumbs are either missing or the wheel and conch like marking of each of which seems unclear, or his or her thumb impression shall be taken accordingly.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 31: Requirements to be fulfilled in affixing thumb impression:
Subsection (5)
(1) In In affixing or taking thumb impression pursuant to this Section, if any executor has no figure on either hand or, though he or she has, the wheel and conch like marking of which seems unclear, he or she shall affix the thumb impression of any one or two of the fingers of the same hand, as required, the wheel and conch like marking of which seems clear, or his or her thumb impression shall be taken accordingly.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 31: Requirements to be fulfilled in affixing thumb impression:
Subsection (6)
(1) In In affixing or taking thumb impression pursuant to this Section, if an executor has no figure on any hand, or though he or she has, the wheel and conch like marking of each finger seems unclear, the signature and thumb impression of such an executor shall be taken pursuant to Section 33.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 31: Requirements to be fulfilled in affixing thumb impression:
Subsection (7)
(1) In Except for the impression of one thumb or both thumbs taken in accordance with law, in affixing or taking thumb impression pursuant to this Section, the matter that the impression of the other figure has been affixed or taken for the reason that the executor's such thumb is either missing or the wheel and conch like marking of which seems unclear shall be set down as remarks in the concerned deed, in affixing or taking the thumb impression of any other finger.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 32: Signature to be affixed or taken: If the executor cannot, for the
reason referred to in Section 31, affix thumb impression on a deed on which thumb impression and signature have to be affixed or taken but can sign it, only signature of him or she shall be affixed or taken on it, setting out the reason to that effect.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 33: Signature or thumb impression of guardian or curator to be
taken on deed: In the case of an executor who can, as referred to in Section 30, neither sign a deed on which the executor's signature or thumb impression has to be affixed or taken nor affix thumb impression on it in the circumstance referred to in Section 31, his or her signature or thumb impression shall be affixed or taken in presence of his or her guardian or curator, as the case may be.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 34: Procedures for executing deed by person who is not able to affix
signature or thumb impression: In taking only signature of the executor pursuant to Section 32 or signature or thumb impression of the guardian or curator of the executor pursuant to Section 33, the concerned authority shall certify such a deed, stating the reason therefor in its upper part.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 35: Procedures for executing deed on behalf of person in special
circumstance: (1) Notwithstanding anything contained elsewhere in this Chapter, in executing a deed on behalf of a person with sight or speech impairment, the deed shall be prepared with the contents as expressed or gestured by him or her in presence of his or her guardian or curator also, if any, and the signature or thumb impression of the guardian or curator also shall be taken on such a deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 35: Procedures for executing deed on behalf of person in special
Subsection (2)
In executing a deed on behalf of a minor or person of unsound mind, it shall be prepared in presence of his or her guardian or curator, if any, and the signature or thumb impression of him or her also shall be taken on it.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 35: Procedures for executing deed on behalf of person in special
Subsection (3)
Notwithstanding anything contained elsewhere in this Section, in taking the signature or thumb impression of a person who can neither write nor read, his or her signature or thumb impression shall be affixed in presence of the person chosen by him or her if he or she so wishes, and the signature or thumb impression of the person so chosen shall also be taken on the deed, also specifying the reasons in the deed that he or she has been so chosen.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 36: Deeds to be valid:
(1) If signature or thumb impression is affixed on a deed pursuant to this Chapter, the deed shall, subject to law, be valid for any purpose whatsoever and enforced in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 36: Deeds to be valid:
Subsection (2)
(1) If signature or thumb impression is affixed on Notwithstanding anything contained in sub-section (1), in the case of any deed which involves transaction of more than fifty thousand rupees and requires affixation of signature or thumb impression pursuant to this Chapter or which involves transaction of an amount in excess of such an amount as may be so determined by the Government of Nepal, by a notification in the Nepal Gazette, that it is not less than fifty thousand rupees, and is prepared in household within Nepal, except any deed which is by law required to be authenticated or approved by any body, or recorded in, or enforced by, such a body, or is transacted through a negotiable instrument or any contract, agreement under a publicly notified tender, the concerned parties shall appear before the office of the Local Level or ward committee of the Local Level and have the deed certified on top of it by such an office, and in so certifying a deed, the certifying office shall cause the executors of such a deed to affix their respective signature or thumb impressions on the deed. Provided that the parties to a deed prepared in household, involving transaction of less than fifty thousand rupees, may, if they so wish, have even such a deed certified pursuant to this Section.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 36: Deeds to be valid:
Subsection (3)
(1) If signature or thumb impression is affixed on If a deed is tendered for certification pursuant to subsection (2), the office of the concerned Local Level or ward committee of the Local Level shall certify such a deed on the same day, upon maintaining the records setting out, inter alia, the name, surname and address of each party to the deed, the date of execution of the deed, the amount transacted or claimed amount specified in the deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 36: Deeds to be valid:
Subsection (4)
(1) If signature or thumb impression is affixed on The office of the Local Level or ward committee of the Local Level may charge a fee not exceeding two hundred rupees for certification a deed pursuant to sub-section (3).
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 36: Deeds to be valid:
Subsection (5)
(1) If signature or thumb impression is affixed on The court shall not enforce a deed failing to meet the requirements referred to in this Section. Provided that the provision of this Section shall not prejudice the recognition or enforcement of a deed prepared in accordance with the law in force for the time being prior to the commencement of this Section.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 37: Details of identity to be set down in deed:
(1) Any deed referred to in sub-section (2) of Section 29 shall be so prepared that the identity of the main executor related to the deed is clearly set out.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 37: Details of identity to be set down in deed:
Subsection (2)
(1) Any deed referred to The identity to be set out pursuant to sub-section (1) shall contain the concerned person's three-generation description, namely, that of his or her father, mother, grand-father, grand-mother, and himself or herself, his or her wife's or husband's name, his or her citizenship number, age, the date and district of issue of his or her citizenship certificate, address of his or her permanent residence, address of his or her temporary residence, if any, and in the case of a foreign citizen, details of his or her citizenship, his or her passport number, the country and date of issue of passport, and his or her address, email address and phone number.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 37: Details of identity to be set down in deed:
Subsection (3)
(1) Any deed referred to In executing a deed in presence of a guardian or curator pursuant to this Chapter, the deed shall contain the guardian's or curator's name, surname, address, citizenship number, and in the case of a foreign citizen, his or her passport number, the country and date of issue of a passport, and his or her address, email address and phone number.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 38: Details of body corporate to be set down:
(1) In executing, or causing to be executed, any deed on behalf of a body corporate, the deed shall contain the description clearly identifying such a body, its registration number or the place of its registered or head office, and the signature or thumb impression of the person authorized to that effect by a decision of its directors shall be affixed or taken on the deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 38: Details of body corporate to be set down:
Subsection (2)
(1) In executing, or In affixing or taking signature or thumb impression pursuant to sub-section (1), the thumb impression of the person signing the deed on behalf of such a body shall not be required to be affixed or taken. Provided that upon the deed being signed, the seal of such body shall be affixed thereunto.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 38: Details of body corporate to be set down:
Subsection (3)
(1) In executing, or Notwithstanding anything contained in sub-section (2) of Section 37, it is not necessary to specify the description of threegeneration in a deed the executor of which is a body corporate.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 39: Signature to suffice:
(1) Notwithstanding anything contained elsewhere in this Chapter, in signing any deed by any public officeholder in that capacity or by an office-bearer of a body corporate in that capacity, in preparing the report of any study, research, probe or inquiry, or in affixing signature or thumb impression on any deed, other than a deed requiring thumb impression pursuant to law, affixation of thumb impression on such deed shall not be required, and such a deed shall be deemed to have been duly prepared if it is duly signed by the concerned person, with his or her name and designation being mentioned, along with the date, as well.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 39: Signature to suffice:
Subsection (2)
(1) Notwithstanding anything contained Even though a document prepared pursuant to subsection (1) does not specify the name and designation of the concerned office-holder, the court shall impose a fine not exceeding five hundred rupees on the office-holder failing to so specify the name and designation, take such a deed in evidence as if it satisfied the requirements and proceed, hear and adjudicate the case on the basis of such a deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 40: Signature or thumb impression to be affixed in indelible ink:
(1) In affixing or taking thumb impression pursuant to this Chapter, the wheel and conch like figure of the finger shall be colored with indelible ink or otherwise and impressed on the deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 40: Signature or thumb impression to be affixed in indelible ink:
Subsection (2)
(1) A person who has to sign shall write his or her signature in indelible ink.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 41: Place and date to be set down in preparing deed: In preparing a
deed referred to in sub-section (2) of Section 29, the deed shall contain its main contents, followed by the place and date of its preparation.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 42: Deed to be witnessed:
(1) A deed required to be witnessed pursuant to law shall be prepared in witness of at least two persons who are competent to conclude a contract, and that the act, transaction referred to in the deed has been carried out in their presence shall be specified in the deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 42: Deed to be witnessed:
Subsection (2)
(1) A deed required to be witnessed pursuant The signature and thumb impression of each witness referred to in sub-section (1) shall be affixed or taken on a deed pursuant to this Chapter, with the details setting out the identity and address of the witness being specified in the deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 42: Deed to be witnessed:
Subsection (3)
(1) A deed required to be witnessed pursuant A deed prepared pursuant to this Chapter shall contain the matter whether it has been written by the executor himself or herself or drafted and prepared by another person, and be signed by the writer, with the description setting out his or her identify and address as well being specified in the deed.