yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 113: Process may be served on attorney or law practitioner:
Subsection (2)
(1) In serving a process on an attorney or law practitioner pursuant to clause (c) or (d) of sub-section (1) of Section 106 and this Section, a receipt shall be taken in the format referred to in Schedule-8.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 113: Process may be served on attorney or law practitioner:
Subsection (3)
(1) A process which is delivered to or served on the attorney or law practitioner of a party or the concerned authorized attorney in a case in which an authorized attorney is appointed, pursuant to sub-section (1), shall be deemedd to have been duly delivered or served pursuant to this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 114: Service of process in the name of person whose house, address is
not identified: (1) Notwithstanding anything contained in Section 105, in serving a process in the name of a person whose house, address is not identified, the process may be served by posting it at the address of the village, city and street of such a person, if any, set down and on the notice-board of the court, setting out the matter if even such a village, city and street be not identified and publishing it in a national daily newspaper.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 114: Service of process in the name of person whose house, address is
Subsection (2)
If a process is served through a newspaper pursuant to subsection (1), such a process shall be deemed to have been duly served.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 115: Service of process on person outside territorial jurisdiction:
(1) In serving a process in the name of a person who is living or residing outside the territorial jurisdiction of the court where a suit has been instituted, a required number of copies of the notice with process, accompanied by the order of such a court, shall be sent to the court having territorial jurisdiction over the area where that person is living or residing, and electronic means may also be used for so sending the process.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 115: Service of process on person outside territorial jurisdiction:
Subsection (2)
(1) If the notice with process is received from another court pursuant to sub-section (1), such a court shall cause the process to be served in fulfillment of the requirements referred to in this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 115: Service of process on person outside territorial jurisdiction:
Subsection (3)
(1) Such a court shall, after serving the process pursuant to sub-section (2), send such a process to the concerned court.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 116: One who serves, or causes to be served, process unduly or causes
obstruction being liable to sentence: Based on a report of the concerned process server or a complaint by a person, the court may institute action against any person who does any of the following acts and impose on such a person a sentence of a fine not exceeding ten thousand rupees or imprisonment for a term not exceeding one month or both: (a) Failing to cause the service of a process issued by the court without a reasonable ground, (b) Serving, or causing to be served, a process upon setting down false matters or making false contents, (c) Making objection or obstruction to the service of a process notice, (d) Tearing out or peeling off the affixed process.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 117: Process unduly served to be void:
(1) A party of a case may, at any time prior to the adjudication of the case, make a petition to the court claiming that the process has not been served in fulfillment of the procedures referred to in this Chapter or has not been served at all.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 117: Process unduly served to be void:
Subsection (2)
(1) A party of a case may, at any If the court holds the content of the petition referred to in sub-section (1) to be reasonable, the court may void the process served unduly and make an order to serve the process again or order the concerned party to receive the process.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 117: Process unduly served to be void:
Subsection (3)
(1) A party of a case may, at any Notwithstanding anything contained in sub-section (1) or (2), if, in examining a process served pursuant to this Chapter, it appears that the process has been served without fulfilling the requirements, the court shall void such process and cause the process to be served again in fulfillment of the requirements.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 118: Appeal equivalent to statement of defense may be made:
(1) The concerned defendant may make an appeal equivalent to the statement of defense to the concerned appeal hearing court, within thirty-five days from the date of knowledge but not later than six months of the date of ex parte judgment by the lower court, setting out the matter that such a judgment has been made against him or her for the reason that he or she was not able to make defense or submit a statement of defense in the case as a result of the service of the process unduly, without fulfilling the procedures referred to in this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 118: Appeal equivalent to statement of defense may be made:
Subsection (2)
(1) The If an appeal equivalent to the statement of defense is received pursuant to sub-section (1), the appeal hearing court shall, prior to hearing the memorandum of appeal, decide whether or not the process was served duly on the person named as the defendant in the plaint or on the person maintained as defendant by the court pursuant to Section 123.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 118: Appeal equivalent to statement of defense may be made:
Subsection (3)
(1) The If, on conducting hearing pursuant to sub-section (2), the appeal hearing court holds that the process was not served duly on the defendant of the case or the person maintained as the defendant by the court pursuant to Section 123, the appeal hearing court shall void the ex parte judgment made by the lower court in such a case, order the lower court to proceed again, hear and adjudicate the case in accordance with law by maintaining the memorandum of appeal as the statement of defense, and remand the case file to that court.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 118: Appeal equivalent to statement of defense may be made:
Subsection (4)
(1) The If the case-file, accompanied by its order, is received from the appeal hearing court pursuant to sub-section (3), the concerned court shall, within three days of the receipt of such a case file, issue to and serve on the plaintiff a process of seven days, excluding the time required for journey.
The National Civil Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Process and Service of Process
Section 118: Appeal equivalent to statement of defense may be made:
Subsection (5)
(1) The If a process has been served pursuant to sub-section (4), the court shall proceed, hear and adjudicate the case in accordance with law when the plaintiff appears within the time-limit or the timelimit expires.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 119: Statement of defense to be submitted:
(1) A defendant shall submit a statement of defense to the concerned court within twenty-one days after the date of service of the process on him or her in accordance with Chapter-8.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 119: Statement of defense to be submitted:
Subsection (2)
(1) A defendant shall submit Except as otherwise provided for elsewhere in this Act, a statement of defense tendered for submission after the period referred to in sub-section (1) shall not be registered, and the court shall not recognize such a statement of defense despite the fact that it has been registered.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 120: Form of statement of defense: In submitting a statement of defense,
it shall be submitted in the format as referred to in Schedule-9.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 121: Counterclaim may be submitted:
(1) If, in submitting the statement of defense, a defendant wishes to make any claim against the plaintiff, the defendant may make such a claim; and if the defendant makes such a claim, he or she shall be deemed to have made a counterclaim.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 121: Counterclaim may be submitted:
Subsection (2)
(1) If, in submitting the statement The counterclaim referred to in sub-section (1) shall be set down in the statement of defense itself and be limited to the matters of claim by the plaintiff.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 121: Counterclaim may be submitted:
Subsection (3)
(1) If, in submitting the statement If a counterclaim is made pursuant to sub-section (1), the defendant shall submit two copies of the statement of defense if the plaintiff is only one and one copy thereof for each other plaintiff if more than one plaintiff. Provided that only one copy of the statement of defense may be submitted for the plaintiffs living in a joint family despite the irrespective number of such plaintiffs.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 121: Counterclaim may be submitted:
Subsection (4)
(1) If, in submitting the statement Out of the two copies of the statement of defense received pursuant to sub-section (3), the court shall deliver one copy to the plaintiff or his or her attorney appearing on the date appointed by the court immediately after the submission of the statement of defense.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 121: Counterclaim may be submitted:
Subsection (5)
(1) If, in submitting the statement Within fifteen days of the delivery of the statement of defense pursuant to sub-section (4), the plaintiff shall submit to the concerned court a defense in writing stating whether he or she admits or rebuts the counterclaim.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 121: Counterclaim may be submitted:
Subsection (6)
(1) If, in submitting the statement Notwithstanding anything contained elsewhere in this Section, where the defendant makes a deposition equivalent to the statement of defense in writing before the court and makes a counterclaim as well, the court shall provide a copy of the record of such deposition to the plaintiff pursuant to sub-section (4).
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 121: Counterclaim may be submitted:
Subsection (7)
(1) If, in submitting the statement If the defendant makes a counterclaim pursuant to this Section, the court shall order such a party to pay the court fee referred to in Chapter-6 within seven days, and his or her counterclaim shall be entertained only if the defendant pays the court fee in pursuance of such an order.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 122: Statement of defense to be registered:
(1) If the defendant tenders a statement of defense for registration, the court shall examine whether it has been filed with the time-limit and meets the requirements or not, and register the statement of defense if it is found to be within the time-limit and meets the requirements, and give the concerned party a receipt thereof in the form referred to in Schedule-3.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 122: Statement of defense to be registered:
Subsection (2)
(1) If the defendant tenders If, in examining the statement of defense pursuant to sub-section (1), it appears that it has been tendered after the expiration of the time-limit or it does not meet the requirements, the court shall make an endorsement on the statement of defense, recording the reasons therefor.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 123: To maintain defendant by the court:
(1) If, even though a plaint against any person has not been filed in the court, it appears that the right, interest, claim or concern of any person is affected by proceeding, hearing or adjudicating any case or it appears from the plaint made by the plaintiff or contents of the statement of defense submitted by the defendant that another person is also involved in the matter of claim by the plaint or it is necessary to enquire any person into any matter for any other reasonable ground, the court may, for the reasons to be recorded, order to examine such a person.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 123: To maintain defendant by the court:
Subsection (2)
(1) In examining any person pursuant to sub-section (1), a time-limit of seven days shall be given to that person, and if that person appears in the court within the time-limit so given, the court shall take his or her deposition.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 123: To maintain defendant by the court:
Subsection (3)
(1) If a person examined pursuant to sub-section (3) wishes to make a deposition setting out evidence, his or her deposition shall be recorded and if that person requests for the submission of written response, an order shall be made to submit the written response within a reasonable time not exceeding seven days.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 123: To maintain defendant by the court:
Subsection (4)
(1) If it appears, from the deposition or written response referred to in sub-section (3), that such a person has also a concern or involvement in the matter of claim by the plaintiff or that judgment by the court will also affect his or her right, interest, claim or concern, the court shall hold such a person on recognizance as if he or she were a defendant.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 123: To maintain defendant by the court:
Subsection (5)
(1) If it appears, from the written response or deposition submitted or made pursuant to sub-section (3), that such a person is merely like an evidence, the court may not hold him or her on recognizance.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 124: Petition may be made for standing as defendant:
(1) If any person other than a person named as a defendant in the plaint so wishes, such a person may, after the submission of the statement of defense but prior to judgment, make a petition to the court that he or she also be maintained as defendant in such a case, specifying his or her right, interest, claim or concern being involved in any case sub-judice in the court and on what grounds and for what reasons judgment in such a case will also affect his or her right, interest, claim or concern.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 124: Petition may be made for standing as defendant:
Subsection (2)
(1) If any person If the contents of the petition received pursuant to subsection (1) appears to be reasonable, the court shall maintain that person also as a defendant and give information thereof to the plaintiff and other defendant of that case. Provided that the defendant so maintained shall not be entitled to make a counterclaim against the plaintiff.
The National Civil Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Statement of Defense and Counterclaim
Section 125: Fee for statement of defense: In submitting a statement of defense,
a fee of two hundred rupees shall be charged.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 126: Documents to be examined: The concerned officer shall,
immediately on receipt of a plaint, statement of defense or memorandum of appeal tendered for registration in the court or a petition to be filed in the course of proceedings of a case tendered for filing, study such document and examine whether it is in the format set forth in law, is within the statute of limitation or time-limit, falls under the jurisdiction of the court, sets out such matters as required to be set out, it contains any error, incompletion in writing, presentation or mentioning or any difference between letters and figures and whether it does not meet the requirements for any reason.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 127: To give opportunity to correct documents failing to meet
requirements: (1)  If, in making examination pursuant to Section 126, such a document seems to consist of errors such as failing to be in the format set forth in law, failing to set out the matters required to be set out or containing any error, incompletion in writing, presentation or mentioning or any difference between letters and figures and such document can be registered if such errors are corrected and then the document tendered for filing, the concerned officer of the court shall make endorsement on the document setting out the matters to be corrected or made in conformity with the requirements, date the endorsement, affix the seal of court thereunto and return it to the concerned person, by taking a receipt thereof.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 127: To give opportunity to correct documents failing to meet
Subsection (2)
If an endorsement is made on a document pursuant to sub-section (1), the concerned officer shall order the registration of such a document if it is tendered for registration upon making it meet the requirements within the remaining statute of limitation or timelimit, if the statute of limitation or time-limit is remaining for more than three days, or within seven days after the date of endorsement, if such a limitation or time-limit is remaining for less than three days.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 127: To give opportunity to correct documents failing to meet
Subsection (3)
If an order is made pursuant to sub-section (2), the court shall register such document.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 128: Document to be endorsed: If, in making examination pursuant to
Section 126, it seems that such a document cannot be registered because of reasons such as being not within the statute of limitation or time-limit, not falling within the jurisdiction of the concerned court, not being required or allowed to be dealt with by the court or being contrary to law, the concerned officer shall endorse, date it, affix the seal of court thereunto and return it to the concerned person, by taking a receipt thereof.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 129: Records to be maintained in court: One copy of the document
returned pursuant to Section 127 or endorsed pursuant to Section 128 shall be recorded in the court.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 130: Petition may be made against order of endorsement:
(1) A party who is not satisfied with the matter of endorsement made by the concerned officer pursuant to Section 128 may make a petition to the judge of such a court and to the appeal hearing court, if such an endorsement has been made by the judge himself or herself, praying for an order to register the document submitted by that party.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 130: Petition may be made against order of endorsement:
Subsection (2)
(1) A party The judge of the concerned court or the appeal hearing court shall make an order as to whether the matter of endorsement is in conformity with law or not within fifteen days from the date on which the petition was made pursuant to sub-section (1).
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 130: Petition may be made against order of endorsement:
Subsection (3)
(1) A party Prior to making an order pursuant to sub-section (2), the appeal hearing court may, whether making examination or not, conduct hearing on the matter of whether such an endorsement is in conformity with law or not, and if, upon conducting hearing, the endorsement does not appear to be in conformity with law, the court shall make an order to register the document prayed for registration upon endorsement.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 130: Petition may be made against order of endorsement:
Subsection (4)
(1) A party If an order is made pursuant to sub-section (3), the endorsement making office-bearer shall, upon receipt of such an order, register such a document on the same day.
The National Civil Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Endorsement
Section 130: Petition may be made against order of endorsement:
Subsection (5)
(1) A party If, upon conducting hearing pursuant to sub-section (3), such an endorsement appears to be in conformity with law, the appeal hearing court may, for reasons to be recorded, order the termination of proceedings on such a petition.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 131: Pleas as to absence of locus standi, statute of limitation or
jurisdiction may be made: If the defendant, in submitting the statement of defense, wishes to make pleas on all or any of the following matters, he or she shall specify such matters in the statement of defense: (a) The plaintiff has no locus standi to file the case, (b) The plaint has not been filed within the statute of limitation, (c) The court in which the plaint has been registered has no jurisdiction to proceed, hear and adjudicate the claims of the plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 132: Preliminary hearing to be conducted:
(1) If the defendant makes pleas of all or any of the matters referred to in Section 131 in submitting the statement of defense, the court shall conduct preliminary hearing on such matters before proceeding to examine evidence in, hear or adjudicate, the case.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 132: Preliminary hearing to be conducted:
Subsection (2)
(1) If the defendant makes In conducting preliminary hearing pursuant to subsection (1), the court shall conduct preliminary hearing, being limited to the pleas taken by the defendant, on the next appointed date for appearance following the synchronization of the appointed dates taken by the plaintiff and the defendant.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 132: Preliminary hearing to be conducted:
Subsection (3)
(1) If the defendant makes In conducting preliminary hearing pursuant to subsection (2), the court shall settle the matters of whether the plaintiff has locus standi to file the case, the plaint has been filed within the statute of limitation or the court has jurisdiction to proceed, hear and adjudicate such a case or not and make an order or decision thereon.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 132: Preliminary hearing to be conducted:
Subsection (4)
(1) If the defendant makes If, in conducting preliminary hearing pursuant to subsection (3), the pleas taken by the defendant that the plaintiff has no locus standi to file the case, the plaint has not been filed within the statute of limitation or the court has no jurisdiction does not appear to be reasonable, the court shall proceed, hear and adjudicate such a case in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 133: Termination of proceeding upon dismissal of case:
(1) If, in conducting preliminary hearing pursuant to sub-section (3), it appears that the plaintiff has no locus standi to file such a case or the case has not been filed within the statute of limitation or the court in which the plaint has been filed has no jurisdiction to proceed, hear and adjudicate such a case, the court shall make judgment to dismiss such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 133: Termination of proceeding upon dismissal of case:
Subsection (2)
(1) If, in If judgment is made to dismiss the case pursuant to subsection (1), the proceeding of such a case shall be terminated.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 134: Plea of any settled matter may not be made:
(1) If, in making an order pursuant to Section 132, the court makes an order to the effect that the plaintiff has locus standi to file the plaint, the plaint has been filed within the statute of limitation or such a court has jurisdiction to proceed, hear and adjudicate such a case, the defendant may not make the plea again on the same matter in making an appeal in, or a petition of the review or revision of, such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 134: Plea of any settled matter may not be made:
Subsection (2)
(1) If, in making an Even though any one makes a plea contrary to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 134: Plea of any settled matter may not be made:
Subsection (1)
(1) If, in making an , such a plea shall not be heard.
The National Civil Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Preliminary Hearings
Section 134: Plea of any settled matter may not be made:
Subsection (3)
(1) If, in making an Notwithstanding anything contained elsewhere in this Section, a petition or appeal may be made to the concerned appeal hearing court under Section 157 against such an order or under Section 205 against such a decision as made by the court pursuant to sub-section (3) of Section 132.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 135: Required to appear on due date:
(1) Except where appearance on the appointed date for appearance is not required under law or court order, the court shall proceed, hear and adjudicate a case, by causing each party of the case to appear on the appointed date for appearance.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 135: Required to appear on due date:
Subsection (2)
(1) Except where appearance on After the examination by the court of evidence of both the plaintiff and the defendant, any party may, if he or she so wishes, discontinue appearance on such appointed date with the leave of the court.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 136: Appointment of the same date for appearance:
(1) The court shall appoint the same date for appearance for both the plaintiff and the defendant if they are on recognizance.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 136: Appointment of the same date for appearance:
Subsection (2)
(1) The court shall The court shall so appoint the date for appearance of the plaintiff after the filing of the plaint by deducting the period in which a statement of defense is submitted or likely to be submitted, by estimating the time-limit for the submission of the statement of defense.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 136: Appointment of the same date for appearance:
Subsection (3)
(1) The court shall If the date appointed pursuant to sub-section (1) does not correspond to the date of submission of the statement of defense by the defendant, the appointed date for appearance subsequent to the submission of the statement of defense shall be so appointed that such a date is the same for both the plaintiff and the defendant.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 137: Appointment of date for appearance by assigning purpose:
(1) The court shall appoint the date for appearance by mentioning, in the book and sheet of appointed date for appearance, the reason and purpose for which such a date has been appointed and the proceeding to be carried out on the date so appointed.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 137: Appointment of date for appearance by assigning purpose:
Subsection (2)
(1) The count shall conduct the proceedings specified for that purpose on the date for appearance appointed pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 137: Appointment of date for appearance by assigning purpose:
Subsection (1)
(1) .
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 137: Appointment of date for appearance by assigning purpose:
Subsection (3)
(1) Notwithstanding anything contained in sub-section (2), if the specified proceeding cannot be conducted for any reasonable grounds on the appointed date for appearance or the time does not allow to complete the proceeding on such a date, the court shall specify the same matter in the receipt of appointed date for appearance, and appoint another date for appearance.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 137: Appointment of date for appearance by assigning purpose:
Subsection (4)
(1) The book and sheet of appointed date for appearance shall be maintained in the format referred to in Schedule-10 and Schedule-11, respectively.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 138: Not to overlap appointed dates for appearance:
(1) If a case has been instituted by a party of a case, other than a case in which an attorney has been appointed in accordance with law, in another court which is fifteen kilometers (around four Kosh) far from the court in which the case was filed and the party gives information thereof to the court in which the case was filed by a petition thereto, such a court shall, while appointing the date for appearance of the party, so appoint such a date as not to overlap with the date for appearance appointed by that other court in the case being tried by it.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 138: Not to overlap appointed dates for appearance:
Subsection (2)
(1) If a case has If a person who is on recognizance in more than one case in which the same party is plaintiff or defendant in the same court makes a petition, setting out the matter, to the court for the appointment of the same date for appearance, the court shall, as far as possible, appoint the same date for appearance for all the cases.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 138: Not to overlap appointed dates for appearance:
Subsection (3)
(1) If a case has If the date for appearance is appointed pursuant to subsection (2) and the party of the case appears before any one section on the appointed date, the party shall be deemed to have been appeared on the date appointed for the other cases in the same section.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 138: Not to overlap appointed dates for appearance:
Subsection (4)
(1) If a case has If any party of the case appears on the appointed date for appearance, the court shall take his or her signature or thumb impression on the receipt of appointed date for appearance referred to in Schedule-12 and enter his or her appearance.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 138: Not to overlap appointed dates for appearance:
Subsection (5)
(1) If a case has If any party does not appear in the court pursuant to sub-section (4), he or she shall be deemed to have expired the appointed date for appearance, and the concerned authority shall certify and record the matter.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 139: Date for appearance deemed to have been appointed on the
following day:  If the court remains closed owing to a public holiday falling on the date appointed by the court, the date for appearance shall be deemed to have been appointed on the following day of the end of the public holiday.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 140: Information to be given in event of person required to appear on
appointed date for appearance being held in detention: (1) If a person required to appear in the court on the appointed date for appearance is held in detention for any reason and, therefore, cannot appear, the person himself or herself or a member of his or her joint family, his or her law practitioner or attorney shall give information of that matter indicating in which case he or she is being held in detention to such a court.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 140: Information to be given in event of person required to appear on
Subsection (2)
If information of the detention of any person is received pursuant to sub-section (1), the court shall seek from the concerned body information as to why he or she has been held in detention and how long he or she has to be held in detention.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 140: Information to be given in event of person required to appear on
Subsection (3)
If information is sought pursuant to sub-section (2), the concerned body shall give the court in which a case has been filed information about the reason for detaining the person and possible days for which he or she has to be detained, and information to that effect, if circumstance is such that he or she cannot be released from detention immediately.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 140: Information to be given in event of person required to appear on
Subsection (4)
If information is received pursuant to sub-section (3) that the detainee will be released within one month and he or she appears in the court within seven days from the date of his or her release, excluding the time required for journey, the case shall be proceeded with by appointing the date for appearance in accordance with law, as if that day of his or her appearance were the appointed date for appearance.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 140: Information to be given in event of person required to appear on
Subsection (5)
If information is received pursuant to sub-section (3) that the detainee will remain in detention for a period exceeding one month or the day of his or her release from detention is not certain or circumstance is such that he or she cannot be released from detention immediately, the court need not wait him or her for the proceeding, hearing and adjudication of such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 140: Information to be given in event of person required to appear on
Subsection (6)
If a person held in detention appoints and sends an attorney to perform the act to be performed by him or her during such a period, the attorney so appointed may perform such act on his or her behalf.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 140: Information to be given in event of person required to appear on
Subsection (7)
Notwithstanding anything contained in sub-section (5), if a case cannot be adjudicated without subpoenaing or examining any party of the case, the court shall proceed, hear and adjudicate the case upon subpoenaing and examining that party in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 140: Information to be given in event of person required to appear on
Subsection (8)
Notwithstanding anything contained elsewhere in this Section, if a person held in detention in the course of the proceeding of the case is released from detention and appears in the court within seven days, excluding the time required for journey, the court shall proceed, hear and adjudicate the case, by holding him or her on recognizance.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 141: Not to stay proceeding despite expiration of appointed date for
appearance: (1) If any party to a case expires the appointed date for appearance by failing to appear on the date for appearance appointed by the court, the following provisions shall govern the following matters, after the expiration of such a period of appointed date for appearance as may be extended pursuant to Chapter-21: (a) If the plaintiff expires the appointed date for appearance prior to the submission of the statement of defense, the plaint claim shall be dismissed, (b) If the plaintiff expires the appointed date for appearance after the submission of the statement of defense and it appears or is held that the defendant has admitted the plaint claim in whole or in part, the court shall dismiss the remaining claim, subject to passing a judgment accordingly to the extent of such admission, (c) If the defendant does not submit the statement of defense or expires the appointed date for appearance after the submission of the statement of defense, the court shall examine the plaint and evidence submitted by the plaintiff and the evidence of the defendant and adjudge the case accordingly, (d) If, subsequent to the filing of the plaint or submission of the statement of defense, both the plaintiff and the defendant expire the appointed date for appearance, such a case shall be dismissed.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 141: Not to stay proceeding despite expiration of appointed date for
Subsection (3)
If a case is dismissed pursuant to clause (a), (b) or (d) of sub-section (1), no other plaint claim by the same plaintiff against the same defendant on the same matter shall lie.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 142: Not required to remain on recognizance:
(1) Notwithstanding anything contained elsewhere in this Chapter, the Government of Nepal, Provincial Government or Local Level or such a body, constitutional body or court shall not be required to remain on recognizance in a case in which the Government of Nepal, Provincial Government, Local Level, such a body or court is plaintiff or defendant in accordance with law. Provided that the government attorney shall appear on the day of examination of evidence, hearing of the case or on the day ordered by the court for the attorney to make appearance.
The National Civil Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Appointed Date for Appearance
Section 143: Proceeding may be conducted without holding parties on
recognizance in any case at appellate level: Except as otherwise ordered by the court, any case at the appellate level may be proceeded, heard and adjudicated without holding its parties on recognizance.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 144: Attorney may be appointed:
(1) Any party to a case may appoint a representative to perform any act related to the case in the court or for any specific act referred to in this Chapter, on his or her behalf.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 144: Attorney may be appointed:
Subsection (2)
(1) Any party to a case may appoint a If a representative is appointed pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 144: Attorney may be appointed:
Subsection (1)
(1) Any party to a case may appoint a , an attorney shall be deemed to have been appointed.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 144: Attorney may be appointed:
Subsection (3)
(1) Any party to a case may appoint a In appointing an attorney pursuant to sub-section (2), a deed shall be executed to that effect.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 145: Qualification of person to be appointed as attorney: A person
who possesses the following qualification may become an attorney: (a) One who is competent to conclude a contract in accordance with law, (b) One who is not a defaulter of payment of a claimed government amount according to a judgment, any such fee, court fee as required to be paid to the court for the execution of judgment or any fine or penalty imposed by the court, (c) One who is not convicted for forgery, fraud, corruption or offence involving moral turpitude. Provided that nothing contained in this clause shall prevent any person from appointing any one of his or her joint family as his or her attorney.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 146: Form of power of attorney:
Subsection (3)
(1) A deed referred to in sub-section of Section 144 shall be prepared in the format referred to in Schedule-13.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 146: Form of power of attorney:
Subsection (2)
(1) A deed referred to in sub-section The executor shall affix his or her signature or thumb impression on the power of attorney referred to in sub-section (1), which shall be witnessed by at least two witnesses, and contain identification of such witnesses and its writer and also bear their signature or thumb impression.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 147: One person may become attorney in case or of person more than
one: A person may become an attorney in more than one case at the same time or be appointed by more than one person as an attorney in the same case. Provided that a person shall not be eligible of being appointed as attorney of both party and opponent party in any case at the same time.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 148: Party may become attorney: If the same party of a case involves
two persons or more as the plaintiff or defendant, any one of them may be appointed as an attorney in the same case.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 149: Attorney may be appointed in more than one court:  A person
who has been appointed as an attorney in a case sub judice in one court may be appointed as an attorney in another case sub judice in another court.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 150: Powers of attorney: The powers of an attorney shall be as set forth
in the power of attorney executed at the time of his or her appointment by the party to a case.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 151: Power of attorney to meet requirements:
(1) Prior to registering a power of attorney, the court shall examine whether such a power of attorney meets the requirements in accordance with this Chapter and register it if it appears to meet such requirements.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 151: Power of attorney to meet requirements:
Subsection (2)
(1) Prior to registering a If, in making examination pursuant to sub-section (1), it appears that the power of attorney does not meet the requirements, endorsement shall be made, setting out the reason for its failure to meet the requirements, giving a time-limit of three days to prepare it, meet the requirements and tendering it.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 151: Power of attorney to meet requirements:
Subsection (3)
(1) Prior to registering a If the power of attorney endorsed pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 151: Power of attorney to meet requirements:
Subsection (2)
(1) Prior to registering a is executed in meeting of the requirements and tendered within the time-limit, the court shall register such a power of attorney.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 152: Power to change attorney or deal with case in person:
(1) A party to a case may, if he or she so wishes, at any time revoke the power of attorney executed by him or her and appoint another attorney, or deal with the case in person by making a petition to that effect.
The National Civil Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Attorney
Section 152: Power to change attorney or deal with case in person:
Subsection (2)
(1) A party If another attorney is appointed or the party himself or herself deals with the case pursuant to sub-section (1), the court shall attach with the case-file the power of attorney appointing the attorney or petition made for dealing with the case in person and also maintain record thereof.