Section 22
Inquiry Of Civil Case And Case Filing
22. Inquiry of civil case and case filing:
(1) Anyone interested to file a case stipulated in Schedule-2 and the civil case in which the prevailing laws prescribe the Government as plaintiff, shall mention about the evidences or information s/he has relating to the case, shall produce the written application or verbal information to the Officer mentioned in the Nepal Gazette or the Officer prescribed by prevailing law. In case of verbal information, the concerned Officer shall write it in the form an application and get the signature of the informer on it.
(2) Any application received pursuant to Sub-Section (1), the concerned Officer shall make cadastral survey or make other inquiries as required, include the
evidence collected to decide whether to file a case or not, and with his/her own opinion, forward the original and duplicate copies of the file to concerned
Government Attorney of the District fifteen days prior to the limitation for case filing as provided in the concerned law.
(3) Even if no application is filed by anyone, if the concerned Officer him/herself finds it reasonable to file a case, s/he shall collect required evidences
and send the file to the Government Attorney by fulfilling the procedures pursuant to Sub-Section (2).
(4) The concerned Officer, while sending the file to Government Attorney pursuant to Sub-Section (2) or (3), shall do it taking into consideration the time
needed for Government Attorney to decide whether the case be filed or not, and also the time needed to file a case by preparing a law suit in case of a decision to file a case.
(5) Section 17 of this Act shall be applicable to decide whether to file a case or not for the file received pursuant to Sub-Section (2) or (3).
(6) If the Government Attorney deems it fit to file a case while reviewing the file received as per Sub-Section (2) or (3), s/he shall prepare a law suit (Firad
Patra) and file a case in the concerned court enclosing evidences.
(7) If the Government Attorney decides not to file a case, then the file and evidence thereof shall be returned to the concerned Officer and such Officer shall
keep such file and evidence safe until the prescribed time.
(1) Anyone interested to file a case stipulated in Schedule-2 and the civil case in which the prevailing laws prescribe the Government as plaintiff, shall mention about the evidences or information s/he has relating to the case, shall produce the written application or verbal information to the Officer mentioned in the Nepal Gazette or the Officer prescribed by prevailing law. In case of verbal information, the concerned Officer shall write it in the form an application and get the signature of the informer on it.
(2) Any application received pursuant to Sub-Section (1), the concerned Officer shall make cadastral survey or make other inquiries as required, include the
evidence collected to decide whether to file a case or not, and with his/her own opinion, forward the original and duplicate copies of the file to concerned
Government Attorney of the District fifteen days prior to the limitation for case filing as provided in the concerned law.
(3) Even if no application is filed by anyone, if the concerned Officer him/herself finds it reasonable to file a case, s/he shall collect required evidences
and send the file to the Government Attorney by fulfilling the procedures pursuant to Sub-Section (2).
(4) The concerned Officer, while sending the file to Government Attorney pursuant to Sub-Section (2) or (3), shall do it taking into consideration the time
needed for Government Attorney to decide whether the case be filed or not, and also the time needed to file a case by preparing a law suit in case of a decision to file a case.
(5) Section 17 of this Act shall be applicable to decide whether to file a case or not for the file received pursuant to Sub-Section (2) or (3).
(6) If the Government Attorney deems it fit to file a case while reviewing the file received as per Sub-Section (2) or (3), s/he shall prepare a law suit (Firad
Patra) and file a case in the concerned court enclosing evidences.
(7) If the Government Attorney decides not to file a case, then the file and evidence thereof shall be returned to the concerned Officer and such Officer shall
keep such file and evidence safe until the prescribed time.