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The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 1 | Short title and commencement: | null | (1) This Act may be cited as the "National Civil Procedure (Code) Act, 2017". | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 1 | Short title and commencement: | (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). | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | null | 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 ma... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | (1) | Establishment of relationship, or divorce, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | (2) | Fee, remuneration, salary, allowance or wage, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | (3) | Partition, succession, donation, gift, guardian, curator, paternal authority, adoption, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | (4) | Any right or claim under any contract, quasi-contract or unjust enrichment, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | (5) | Any right or claim relating to tort, quasi-tort or defective product, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | (6) | Servitude, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | (7) | Compensation, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 2 | Definitions: Unless the subject or the context otherwise requires, in | (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 satisfie... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 3 | Matters set forth in separate law not to be affected: | null | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-1 | Preliminary | 3 | Matters set forth in separate law not to be affected: | (2) | (1) The The procedural matters not contained in the law referred to in sub-section (1) shall be governed by this Act. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 4 | Principles to be followed in civil cases: The court shall generally | null | follow the principles and provisions set forth in this Chapter in proceeding, hearing and adjudicating cases. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 5 | Hearing to be held in open bench: Except as otherwise provided in | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 6 | Hearing to be made by competent court: Only the court | null | empowered by law shall proceed, hear and adjudicate any case. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 7 | Question of entitlement or disentitlement to be settled by court | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 7 | Question of entitlement or disentitlement to be settled by court | (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 b... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 8 | Dispute relating to legal status to be settled by the regular court | null | only: Any dispute related to the settlement of relationship, divorce or legal status of any person shall be settled by the regular court only. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 9 | Status of parties to be equal: | null | (1) In proceeding, hearing and adjudicating a case, the status of parties to the case shall be equal. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 9 | Status of parties to be equal: | (2) | (1) In proceeding, hearing and The court shall accord equal treatment to each party to a case. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 9 | Status of parties to be equal: | (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... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 10 | One to have locus standi to make plaint: A person who intends to | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 11 | Jurisdiction not to be in vacuum: There shall be a court or an | null | authority with jurisdiction specified by law for the filing, proceeding, hearing and adjudicating any case. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 12 | Not to be allowed to avoid making decision: | null | (1) No judge may avoid deciding a case on the ground that law is inadequate or unclear. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 12 | Not to be allowed to avoid making decision: | (2) | (1) No judge may If there exists a circumstance referred to in sub-section | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 12 | Not to be allowed to avoid making decision: | (1) | (1) No judge may , decision shall be made based on the recognized principles of law and justice. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 13 | Opportunity to be given for compromise or mediation: | null | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 13 | Opportunity to be given for compromise or mediation: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 14 | Principle of res judicata to be followed: Once a case is filed and | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-2 | General Principles of Civil Procedural Law | 15 | Right of appeal: In a case in which any court has passed judgment | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 16 | Jurisdiction: | null | (1) In order for a court to proceed, hear and adjudicate a case, the court shall have jurisdiction to that effect pursuant to law. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 16 | Jurisdiction: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 16 | Jurisdiction: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 17 | Jurisdiction of court: The concerned court shall have power, as | null | provided for in law, to originally proceed, hear and adjudicate cases, hear appeals therefrom, revise or review them. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 18 | District court to have jurisdiction: | null | (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... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 18 | District court to have jurisdiction: | (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... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 18 | District court to have jurisdiction: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 19 | District court where defendant is residing or act done to have | null | 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: ... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 19 | District court where defendant is residing or act done to have | (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 def... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 19 | District court where defendant is residing or act done to have | (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... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 20 | Jurisdiction over cases relating to transaction carried on abroad | (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 t... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 20 | Jurisdiction over cases relating to transaction carried on abroad | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 21 | Jurisdiction over transaction done on broad Nepali aircraft or | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 22 | Higher court to have jurisdiction: If a case is filed in both lower | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 23 | Court to have jurisdiction: If any case of the same matter is filed in | null | both the court and other judicial body, the regular court shall have jurisdiction to proceed, hear and adjudicate such a case. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 24 | Jurisdiction over case in which public servant is a plaintiff or | null | 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... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 24 | Jurisdiction over case in which public servant is a plaintiff or | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 24 | Jurisdiction over case in which public servant is a plaintiff or | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 24 | Jurisdiction over case in which public servant is a plaintiff or | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 25 | Concerned district court to have jurisdiction: | null | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 25 | Concerned district court to have jurisdiction: | (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 bo... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 26 | Plaint to be maintained in one court only: | null | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 26 | Plaint to be maintained in one court only: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 26 | Plaint to be maintained in one court only: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-3 | Provisions Relating to Jurisdiction | 27 | Jurisdiction of appeal hearing court: If a case is filed in, and | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | null | (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 ... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (1) | (1) A person A deed of any kind of general transaction carried on household, transfer, mortgage or pledge of a property, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (2) | (1) A person A deed of adoption, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (3) | (1) A person A contract, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (4) | (1) A person A deed of authorization, power of attorney, deed of consent or other papers of similar nature, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (5) | (1) A person Any deed to be submitted to a government office or body corporate, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (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, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (7) | (1) A person Any deed to be issued by a government office or body corporate, | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (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 G... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (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... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (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 prepa... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (5) | (1) A person If, in setting down any amount pursuant to sub-section | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 28 | Requirements to be fulfilled in preparing deeds: | (4) | (1) A person , there is a difference between the figures and the words, the contents set down in the words shall be valid. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 29 | Requirements to be fulfilled in affixing signature or thumb | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 29 | Requirements to be fulfilled in affixing signature or thumb | (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 r... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 29 | Requirements to be fulfilled in affixing signature or thumb | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 30 | Requirements to be fulfilled in affixing signature on deeds: | null | (1) A person who can write shall write his or her full name, surname and address in, and sign, the deed. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 30 | Requirements to be fulfilled in affixing signature on deeds: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 30 | Requirements to be fulfilled in affixing signature on deeds: | (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 pla... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 31 | Requirements to be fulfilled in affixing thumb impression: | null | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 31 | Requirements to be fulfilled in affixing thumb impression: | (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 s... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 31 | Requirements to be fulfilled in affixing thumb impression: | (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 seem... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 31 | Requirements to be fulfilled in affixing thumb impression: | (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 se... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 31 | Requirements to be fulfilled in affixing thumb impression: | (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... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 31 | Requirements to be fulfilled in affixing thumb impression: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 31 | Requirements to be fulfilled in affixing thumb impression: | (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 ... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 32 | Signature to be affixed or taken: If the executor cannot, for the | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 33 | Signature or thumb impression of guardian or curator to be | null | 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 ... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 34 | Procedures for executing deed by person who is not able to affix | null | 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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 35 | Procedures for executing deed on behalf of person in special | null | 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 ... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 35 | Procedures for executing deed on behalf of person in special | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 35 | Procedures for executing deed on behalf of person in special | (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 ... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 36 | Deeds to be valid: | null | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 36 | Deeds to be valid: | (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 ... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 36 | Deeds to be valid: | (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 addre... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 36 | Deeds to be valid: | (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). | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 36 | Deeds to be valid: | (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 pri... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 37 | Details of identity to be set down in deed: | null | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 37 | Details of identity to be set down in deed: | (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 d... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 37 | Details of identity to be set down in deed: | (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 hi... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 38 | Details of body corporate to be set down: | null | (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 ... | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 38 | Details of body corporate to be set down: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
The National Civil Procedure (Code) Act, 2017 | null | Chapter-4 | Provisions Relating to Preparation of Deeds | 38 | Details of body corporate to be set down: | (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. | Official English PDF of The National Civil Procedure (Code) Act, 2017 | null |
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