Section 15
Execution Of Recovery Of Court Fee
(1) If the plaintiff or appellant wins a case filed upon payment of the chargeable court fee, he or she shall be entitled to the recovery of the court fee paid by him or her from the losing party.
(2) In executing the recovery of the court fee to the plaintiff on a case containing Two or more defendants, the court fee shall be recovered, in relation to the recovery of the amount in question, according to the respective figure of amount in question to be recoverable from each of the defendants, and in relation to the disentitlement or relinquishment of right or claim, according to the amount of respective disentitlement or relinquishment from each of the defendants, and in relating to the other matters or amounts, the court fee shall be recovered on pro rata from the losing parties.
(3)27 Where a case chargeable with the court fee has been filed without payment of the court fee, the court fee as held to be chargeable on the plaintiff or appellant winning the case shall be recovered from the opposite party as a fine, penalty.
(4) Where the plaintiff or appellant makes claims on several matters and wins on some and loses on others, he or she shall not be entitled to recover the court fee on the matters lost from his or her opponent.
(5) Where the plaintiff or appellant loses a case filed without payment of the court fee or on payment of partial court fee, the chargeable court fee shall be recovered from the losing plaintiff or appellant.
(6) If the plaintiff loses a partition case filed on payment of the court fee of One Hundred Rupees28 or on payment of partial court fee, the remaining chargeable court fee shall be recovered from the plaintiff, upon deducting the collected court fee from the court fee chargeable according to the amount in question.
(7) Despite that the defendant or opponent dies prior to the recovery of the court fee recoverable to the plaintiff or appellant, the plaintiff or appellant shall be entitle to recover the same from the inheritor of such a defendant or opponent.
(8) If, on a case requesting for insolvency or giving a date for repayment, the defendant creditor agrees thereto and insolvency or a date for repayment is made or given, the plaintiff debtor shall, despite winning the case, not be entitled to have the recovery of the court fee from the defendant. If the defendant creditor pleas that insolvency or a date for repayment should not be made or given and the plaintiff wins the case, the court fee shall be caused to be recovered from the losing defendant to the plaintiff.
(9) If the plaintiff or appellant wins a partition case on which amount in question is not set out or any other case filed upon payment of partial court fee or without payment of the court fee at all and the winning plaintiff makes an application within the time-limit specified by the prevailing law, requesting for the recovery of amount in question to which he or she is entitled, the remaining court fee upon deducting the court fee already collected on filing the suit or complaint or memorandum of appeal from the property of the defendant attached for the amount in question recoverable by the plaintiff shall be recovered or realized, and the surplus amount shall be recovered to the plaintiff in consideration for the amount in question, upon collecting the fee chargeable for the court fee. Where an application is not made within the time-limit as referred to in the prevailing law for the recovery or after the application has been made for recovery the plaintiff gives up in the meantime, within Fifteen days after the expiration of the time-limit for making application or after the expiration of the time-limit for the extension of the expired appointed date for appearance after the making of application, the property of the defendant shall be attached in the sum of the court fee due and recoverable on the case, in addition to the figure of the amount in question held recoverable by the plaintiff from the defendant, and the court fee shall be recovered accordingly. The remaining court fee not recovered from the attachment of the property of the defendant shall be recovered from the attachment of the property of the plaintiff.
(10) If such court fee or fee as held recoverable by the winner from the loser or as recovered from the plaintiff himself or herself pursuant to Sub-section (9) cannot be recovered in full from the attachment of the property of the loser, and the winner makes an application, 29 showing any property, within Two years, for the recovery of the remaining court fee or fee, and it is held that the loser has such property, the recovery of the same shall be executed as if it were the recovery of the court fee or fee originally.
(11) In requesting for the recovery of such fee, court fee, amount in question as held to be recoverable30from the loser, one application may be made for the recovery of the court fee as held to be recoverable or the fee, charge paid on the case, after the expiration of the time-limit for making appeal or after the settlement of appeal thereby ruling out the possibility of appeal complaint. Provided that such an application has to be made no later than Two years31 after the date of final judgment.
12) If the defendant who makes an appeal upon furnishing the security of the court fee held to be recoverable by the plaintiff loses and the original verdict is upheld, even though the plaintiff does not make an application for the recovery at the same time of the court fee which has been furnished as security by the defendant in making appeal as well as the amount in question and fee pursuant to Sub-section (11) but for the recovery of only the money furnished as security for the court fee in making such an appeal, the recovery shall be executed in accordance with the procedures as referred to in the prevailing Nepal law.
(13) In executing the recovery of such amount in question or court fee and other fee or charge levied on the case as held to be recoverable, the recovery of the amount in question shall be executed only after executing the recovery of the court fee and fee or charge.
(14) If, prior to making an application by the winner, the judgment debtor appears to pay all moneys required to be paid by him or her within the time-limit for making an application for recovery, the court shall receive the same and give a receipt thereof, and credit the same to the deposit revenue, and post a time-limit notice/process within Three days, indicating that the judgment holder is thereby required to appear within the time-limit as referred to in the prevailing law and that recovery of the same cannot be executed and it shall be as per the prevailing law, after the expiry of the time-limit, and the recovery shall be executed and receipt given if the judgment holder appears to receive the same within the time-limited; and if the judgment holder, despite getting such notice, does not appear within the time-limit, the money remaining upon deducting any money, if any, chargeable under this Act, from the same shall be dealt with in accordance with the prevailing Nepal law.
(2) In executing the recovery of the court fee to the plaintiff on a case containing Two or more defendants, the court fee shall be recovered, in relation to the recovery of the amount in question, according to the respective figure of amount in question to be recoverable from each of the defendants, and in relation to the disentitlement or relinquishment of right or claim, according to the amount of respective disentitlement or relinquishment from each of the defendants, and in relating to the other matters or amounts, the court fee shall be recovered on pro rata from the losing parties.
(3)27 Where a case chargeable with the court fee has been filed without payment of the court fee, the court fee as held to be chargeable on the plaintiff or appellant winning the case shall be recovered from the opposite party as a fine, penalty.
(4) Where the plaintiff or appellant makes claims on several matters and wins on some and loses on others, he or she shall not be entitled to recover the court fee on the matters lost from his or her opponent.
(5) Where the plaintiff or appellant loses a case filed without payment of the court fee or on payment of partial court fee, the chargeable court fee shall be recovered from the losing plaintiff or appellant.
(6) If the plaintiff loses a partition case filed on payment of the court fee of One Hundred Rupees28 or on payment of partial court fee, the remaining chargeable court fee shall be recovered from the plaintiff, upon deducting the collected court fee from the court fee chargeable according to the amount in question.
(7) Despite that the defendant or opponent dies prior to the recovery of the court fee recoverable to the plaintiff or appellant, the plaintiff or appellant shall be entitle to recover the same from the inheritor of such a defendant or opponent.
(8) If, on a case requesting for insolvency or giving a date for repayment, the defendant creditor agrees thereto and insolvency or a date for repayment is made or given, the plaintiff debtor shall, despite winning the case, not be entitled to have the recovery of the court fee from the defendant. If the defendant creditor pleas that insolvency or a date for repayment should not be made or given and the plaintiff wins the case, the court fee shall be caused to be recovered from the losing defendant to the plaintiff.
(9) If the plaintiff or appellant wins a partition case on which amount in question is not set out or any other case filed upon payment of partial court fee or without payment of the court fee at all and the winning plaintiff makes an application within the time-limit specified by the prevailing law, requesting for the recovery of amount in question to which he or she is entitled, the remaining court fee upon deducting the court fee already collected on filing the suit or complaint or memorandum of appeal from the property of the defendant attached for the amount in question recoverable by the plaintiff shall be recovered or realized, and the surplus amount shall be recovered to the plaintiff in consideration for the amount in question, upon collecting the fee chargeable for the court fee. Where an application is not made within the time-limit as referred to in the prevailing law for the recovery or after the application has been made for recovery the plaintiff gives up in the meantime, within Fifteen days after the expiration of the time-limit for making application or after the expiration of the time-limit for the extension of the expired appointed date for appearance after the making of application, the property of the defendant shall be attached in the sum of the court fee due and recoverable on the case, in addition to the figure of the amount in question held recoverable by the plaintiff from the defendant, and the court fee shall be recovered accordingly. The remaining court fee not recovered from the attachment of the property of the defendant shall be recovered from the attachment of the property of the plaintiff.
(10) If such court fee or fee as held recoverable by the winner from the loser or as recovered from the plaintiff himself or herself pursuant to Sub-section (9) cannot be recovered in full from the attachment of the property of the loser, and the winner makes an application, 29 showing any property, within Two years, for the recovery of the remaining court fee or fee, and it is held that the loser has such property, the recovery of the same shall be executed as if it were the recovery of the court fee or fee originally.
(11) In requesting for the recovery of such fee, court fee, amount in question as held to be recoverable30from the loser, one application may be made for the recovery of the court fee as held to be recoverable or the fee, charge paid on the case, after the expiration of the time-limit for making appeal or after the settlement of appeal thereby ruling out the possibility of appeal complaint. Provided that such an application has to be made no later than Two years31 after the date of final judgment.
12) If the defendant who makes an appeal upon furnishing the security of the court fee held to be recoverable by the plaintiff loses and the original verdict is upheld, even though the plaintiff does not make an application for the recovery at the same time of the court fee which has been furnished as security by the defendant in making appeal as well as the amount in question and fee pursuant to Sub-section (11) but for the recovery of only the money furnished as security for the court fee in making such an appeal, the recovery shall be executed in accordance with the procedures as referred to in the prevailing Nepal law.
(13) In executing the recovery of such amount in question or court fee and other fee or charge levied on the case as held to be recoverable, the recovery of the amount in question shall be executed only after executing the recovery of the court fee and fee or charge.
(14) If, prior to making an application by the winner, the judgment debtor appears to pay all moneys required to be paid by him or her within the time-limit for making an application for recovery, the court shall receive the same and give a receipt thereof, and credit the same to the deposit revenue, and post a time-limit notice/process within Three days, indicating that the judgment holder is thereby required to appear within the time-limit as referred to in the prevailing law and that recovery of the same cannot be executed and it shall be as per the prevailing law, after the expiry of the time-limit, and the recovery shall be executed and receipt given if the judgment holder appears to receive the same within the time-limited; and if the judgment holder, despite getting such notice, does not appear within the time-limit, the money remaining upon deducting any money, if any, chargeable under this Act, from the same shall be dealt with in accordance with the prevailing Nepal law.