You are viewing the translated version of प्रारम्भिक सुनुवाई गर्नु पर्ने.
Section 132
<br> to have a preliminary hearing
If the defendant mentions any or all of the matters mentioned in section 131 while giving a reply, the court shall hold a preliminary hearing on such matter before commencing the hearing, hearing or setting aside the evidence.
(2) During the preliminary hearing according to sub-section (1), the court shall conduct the preliminary hearing on the next day after the date of agreement between the plaintiff and the defendant.
(3) During the preliminary hearing in accordance with sub-section (2), the court shall decide whether or not the plaintiff has the right to file a complaint in such a case, whether or not a complaint has been filed within the time limit, or whether the court has jurisdiction to adjourn the proceedings or hearing of such a case or not.
(4) During the preliminary hearing in accordance with sub-section (3), if the respondent does not have the right to file a complaint within the time limit or the court does not have jurisdiction, the court shall take action, hear and dispose of such case in accordance with the law.
(2) During the preliminary hearing according to sub-section (1), the court shall conduct the preliminary hearing on the next day after the date of agreement between the plaintiff and the defendant.
(3) During the preliminary hearing in accordance with sub-section (2), the court shall decide whether or not the plaintiff has the right to file a complaint in such a case, whether or not a complaint has been filed within the time limit, or whether the court has jurisdiction to adjourn the proceedings or hearing of such a case or not.
(4) During the preliminary hearing in accordance with sub-section (3), if the respondent does not have the right to file a complaint within the time limit or the court does not have jurisdiction, the court shall take action, hear and dispose of such case in accordance with the law.
Civilization of the country (Code) Act, 2074
Preamble - 0
Chapter - 2
Section 4: Principles to be followed in civil cases:Section 5: Hearing will be held in open court:Section 6: Hearing will be conducted by competent court:Section 7: The question of right can only be determined by the court:Section 8: Disputes relating to legal status shall be adjudicated only by regular courts:Section 9: The status of the parties remains the same:Section 10: Must be entitled to file a complaint:Section 11: Jurisdiction shall not be null and void:Section 12: Don't shy away from making decisions:Section 13: Reconciliation or opportunity to reconcile:Section 14: The principle of prima facie case must be followed:Section 15: Right of appeal:
Chapter - 3
Section 16: to have jurisdictionSection 17: Jurisdiction of the courtSection 18: District Court to have jurisdictionSection 19: The district court where the defendant is located or has jurisdictionSection 20: Jurisdiction in cases relating to transactions conducted abroadSection 21: Jurisdiction of cases related to transactions in Nepali aircraft or shipsSection 22: Jurisdiction of the Upper CourtSection 23: Jurisdiction of the courtSection 24: Jurisdiction in cases where national servant is defendant or defendantSection 25: The District Court concerned shall have jurisdictionSection 26: Only one court petition is maintainableSection 27: Jurisdiction of the court hearing the appeal
Chapter - 4
Section 28: to be paid while preparing the documentSection 29: Method to deliverSection 30: to be supplied at the time of signatureSection 31: The method to be followed when typing in Lapche isSection 32: Signature to be signedSection 33: In the case of a person who is unable to sign according to section 30 in the document to be stamped or to be stamped by the custodian or guardianSection 34: Procedures for signing a document by a person who cannot signSection 35: Procedure for writing on behalf of a person in a special situationSection 36: Document validSection 37: to be mentioned in the document identifying detailsSection 38: Details of the organization to be mentionedSection 39: will be enough to sign the signatureSection 40: to be typed with sure inkSection 41: Place and date to be mentioned while preparing a documentSection 42: to be witnessedSection 43: Documents that are not received properly are not validSection 44: Document made by the causer is validSection 45: which can be registered as a bailiffSection 46: to provide a copy of the document
Chapter - 5
Section 47: to be filed within the time limitSection 48: Complaints can be filed if there is no limitation periodSection 49: Limit startsSection 50: to be filed by date knownSection 51: Complaints can be filed after leaveSection 52: Minors or non-residents shall begin the statute of limitationsSection 53: on which the limitation period beginsSection 54: The Guardian or Mathwar can appealSection 55: No postponement of limitation periodSection 56: Limitation of Transactions AbroadSection 57: Limitation of Complaint Filed in a Court Without JurisdictionSection 58: Expiration of time limitSection 60: Limitation starts from the date of receiving the approvalSection 61: The limitation period starts after the appointment of an officerSection 62: Calculation of the period of limitation
Chapter - 6
Section 63: Court fees chargedSection 64: Case cannot be processed without filing court feeSection 65: that cases can be heard without court feesSection 66: to disclose the value of the property or the propertySection 67: Basis for determining the value or valueSection 68: The price to be taken as the basis for charging court fees or notSection 69: Rate of court feeSection 70: A lump sum court fee ofSection 71: Special provisions relating to collection of court feesSection 72: Fixing the value of the previous day of the caseSection 73: Court fee on appealSection 74: Court fee for review or rehearing of a caseSection 75: to file court fees and penalty fines as per judgmentSection 76: Court fees to be filed in cashSection 77: to file unpaid court feesSection 78: Additional court fees to be refundedSection 79: who can file a complaint on the court fee fixed by the courtSection 80: Penalties for underpayment of court feesSection 81: Forfeiture of court feesSection 82: to be done if the case is settled, dismissed or dismissedSection 83: Court Fee PayerSection 84: Court fees should be paid with priority
Chapter - 7
Section 85: to submit claimSection 86: to complain about getting the rightSection 87: who can file a single complaintSection 88: The number of plaintiffs or defendants does not affectSection 89: to file a complaint only onceSection 90: Complaints must be filed within the time limitSection 91: Any person can file a petition in a dispute involving public interest or concernSection 92: A petition can be filed to maintain the rightSection 93: who can file a complaint on behalf of the organizationSection 94: No appeal should be filed regarding the decisionSection 95: Form of complaintSection 96: Claims must be clearSection 97: Firaad DasturSection 98: Registration of complaint
Chapter - 8
Section 99: which the badi can submit himselfSection 100: IssueSection 101: dueSection 102: to pay the deadlineSection 103: Expiration FormatSection 104: to be paid by the consigneeSection 105: Procedures for complianceSection 106: which can be fixed in court itselfSection 107: considered expiredSection 108: to assist maildarSection 109: Punishment of non-cooperating personSection 110: The deadline to be checkedSection 111: to reorderSection 112: The delivery person will be fined Section 113: which may be assigned to a Wares or Law PractitionerSection 114: Expiration of name of person whose home address is not foundSection 115: Expiry date of person outside the territorySection 116: Punishment for those who violate, cause or obstruct the deadline with BeritSection 117: Refund ExpirationSection 118: who can file an appeal like a reply
Chapter - 12
Section 135: to be datedSection 136: to be dated on the same daySection 137: to mention the purpose while fixing the dateSection 138: not to be datedSection 139: The following day shall be deemed to be fixedSection 140: to be informed if the person required to appear on the date is incarceratedSection 141: The action will not stop even if the date has passedSection 142: Don't stick to datesSection 143: Actions may be taken without setting a date in appeal level cases
Chapter - 13
Section 144: who can appoint an heirSection 145: Eligibility of the person to be heirSection 146: Format of Will in Power of AttorneySection 147: Can be heir to more than one case or personSection 148: Parties can be heirsSection 149: Heir may be appointed in more than one courtSection 150: Rights of heirsSection 151: Inheritance in authority should be properlySection 152: who can change heirs or sue themselvesSection 153: Provisions relating to authorized heirsSection 154: who can transfer title to immovable property through authorized heirsSection 155: Termination of legal heir status
Chapter - 15
Section 161: Evidence to be submittedSection 162: Evidence to be citedSection 163: that can demand timeSection 164: which may allow the submission of evidenceSection 165: to be returned in fullSection 166: Evidence cannot be taken without submission of counter-affidavitSection 167: Evidence to be understoodSection 168: understanding the evidence in the matter to be determinedSection 169: which the court may order to produce the documentSection 170: Order to understand evidenceSection 171: that can get the paper doneSection 172: to be declared in Sadde KirteSection 173: not to be told for fraud, fraud or fraudSection 174: Dismissal of evidence by the court hearing the appealSection 175: Proceedings, Hearings and Dismissals after Taking StatementsSection 176: The affected party should be understoodSection 177: that can be measured, checked or mappedSection 178: which can observe the place
Chapter - 16
Section 179: that the parties must produce witnessesSection 180: which can be examined by witnesses in courtSection 181: who can hire staff to understand the witnessSection 182: who can examine witnesses through audio-visual communication (video conference).Section 183: A date fixed for the parties to be examinedSection 184: Oath must be takenSection 185: Witness examination to be done by judgeSection 186: to examine the witness on the appointed dateSection 187: to be verifiedSection 188: Proof of innocenceSection 189: Close questionable
Chapter - 17
Section 190: who can decide on agreed mattersSection 191: which may hold a pre-hearing discussion of bad defendantsSection 192: to be heard after the hearing is completedSection 193: to be given a chance to settleSection 194: able to resolve disputes through conciliationSection 195: Impossibility of conciliation or conciliationSection 196: which can withdraw the claimSection 197: to be decidedSection 198: Judgment formatSection 199: Judgment not to be amendedSection 200: to be served with the document of judgment
Chapter - 19
Section 205: who can appeal within the prescribed periodSection 206: Non-appealable circumstancesSection 207: Court fee to be paid on appealSection 208: Format of appeal letterSection 209: to file an appeal with the court hearing the appealSection 210: who can file an appeal to the court that decided the caseSection 211: A government servant can file an appeal in the court of the locality where he residesSection 212: Throwing Missiles of IssueSection 213: ordering the defendant to appearSection 214: to serve a deadline on the respondentSection 215: to hear the appealSection 216: Powers of the court to hear the appealSection 217: Exercising the authority of the court of first instanceSection 218: to be heard and decided simultaneously
Chapter - 21
Section 222: Deadline or date not to be passedSection 223: Expiration date or date may be suspendedSection 224: to maintain timesSection 225: Expiry date or expiration dateSection 226: to make the caseSection 227: to calculate the expiration date of the ticketSection 228: Not to be set aside until the period of adjournment
Chapter - 22
Section 229: to be preparedSection 230: Execution of the judgment or order of the District Court concernedSection 231: Suspension of Execution of JudgmentSection 232: Execution of judgment or agreement shall not be hinderedSection 233: Who can retain an heirSection 234: to be given an opportunity to settle or reconcileSection 235: to be dated by the partiesSection 236: which can enforce the judgment by taking additional feesSection 237: to be allowed to settle the case or stop the date of passingSection 238: Procedure for running customsSection 239: Procedure for Filing, Cancellation, NominationSection 240: Mining ProceduresSection 241: Procedure for allocating fractionsSection 242: Procedure to fill the bagoSection 243: Property to be ownedSection 244: Imprisonment for misdemeanor or fineSection 245: to be done in the event of the death of the person liable to recover the debtSection 246: Exemption of fineSection 247: Execution of AgreementSection 248: Period of Recovery of Court Fees, Bonds and ExpensesSection 249: Fees for execution of judgmentSection 250: that you can complain aboutSection 251: Actions are not null and void just because there is no representativeSection 252: which may prosecute or punish for contemptSection 253: Employees will get incentive amount
Chapter - 23
Section 254: Examination and scope of civil cases in which the government is dismissedSection 255: Case filed by the government as a defaulterSection 256: to be notified if person appears to be liable to prosecutionSection 257: Adjudication of interested personsSection 258: Provisions relating to other civil proceedingsSection 259: Limitation ProvisionsSection 260: Provisions relating to call of witnesses or production of evidenceSection 261: Public prosecutors advocate and defend argumentsSection 262: ExpirationSection 263: Appellate, rehearing or revisional authoritySection 264: Procedure for filing a complaint against the Government of NepalSection 265: In other matters according to the code of laws and laws
Chapter - 24
Section 266: compensation to be determinedSection 267: who can sue on behalf of minors, infirm and missing personsSection 268: Hearing to be held in open courtSection 269: The parties must be kept in custodySection 271: Conflict of interest issues should not be consideredSection 272: Tasks to be performed by the judge himselfSection 273: Text to be translatedSection 274: who can get the help of a translatorSection 275: who can always ask the parties to the caseSection 276: which may keep the identity of a party or witness confidentialSection 277: needed to help with living and typing in RohbarSection 278: Defense in good faithSection 279: not affected by typographical or mathematical errorsSection 280: to be compensated or paidSection 281: Petition feeSection 282: Deadline or notice publicationSection 283: Ordering departmental actionSection 284: Register of documentsSection 285: Writing to be washedSection 286: May add to or modify the scheduleSection 287: Right to remove obstaclesSection 288: Power to make rulesSection 289: A directory may be made