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Section 42
Favoring the person concerned

(1) According to this code, if any case filed by the Government of Nepal as a plaintiff does not fall within Schedule-1 or Schedule-2, but if any other case can be tried according to the law, the court shall issue the same order and notify the concerned person.
(2) If the interested party files the case within two months from the date of receipt of the notice according to sub-section (1), he shall be retained as the plaintiff, and the same case shall be prosecuted and disposed of in accordance with the law.