Section 4
Matters To Be Set Out In Making Plaint Or Complaint
(1) In making a suit or complaint of a case chargeable with court fees pursuant to this Act, no suit or complaint shall lie if it does not clearly set out the cash value or amount in question of the movable or immovable property where the suit or complaints claims for the entitlement or disentitlement to such a movable or immovable property or clearly set down the matter of claim where the claim is only that any matter required to be done has not been done or any matter required not to be done has been done or about to be done by another person. Provided that:
(1) In relation to a case for the execution and provision of partition, a suit shall lie even if it does not set out the amount in question. After it is found that partition has to be executed, the amount in question/value shall be fixed upon taking an inventory of the partition share to be partitioned indicating its value and amount in accordance with the Nepal law and the court fees shall be collected accordingly.
(2) Where, while making a suit or complaint, only a claim that another person has not done any matter required to be done or has done or is going to do any matter required not to be done has been made in the beginning but it is required subsequently to settle (Taikat) also the matter involving the provision and recovery of a value and amount in question, such a case shall not be tried without payment of the chargeable court fees in relation to such a value and amount in question. (2)7 In setting out the value and amount in question pursuant to subsection (1), the value and amount in question shall be fixed as follows in the case of a land or other immovable property:
(a) The value/price, if any, determined by the Government of Nepal for the purpose of determining the registration fee or amount of tax. Provided that, where such a land or other immovable property has been purchased and sold and the price of the purchase and sale exceeds the value determined for the purpose of registration fee or amount of tax, the court fees shall be levied according to the value or price set while making such a purchase and sale.
(b) Where the value/price is not determined pursuant to Clause (a) nor is the price of sale and purchase is set out, the locally prevailing value.
(1) In relation to a case for the execution and provision of partition, a suit shall lie even if it does not set out the amount in question. After it is found that partition has to be executed, the amount in question/value shall be fixed upon taking an inventory of the partition share to be partitioned indicating its value and amount in accordance with the Nepal law and the court fees shall be collected accordingly.
(2) Where, while making a suit or complaint, only a claim that another person has not done any matter required to be done or has done or is going to do any matter required not to be done has been made in the beginning but it is required subsequently to settle (Taikat) also the matter involving the provision and recovery of a value and amount in question, such a case shall not be tried without payment of the chargeable court fees in relation to such a value and amount in question. (2)7 In setting out the value and amount in question pursuant to subsection (1), the value and amount in question shall be fixed as follows in the case of a land or other immovable property:
(a) The value/price, if any, determined by the Government of Nepal for the purpose of determining the registration fee or amount of tax. Provided that, where such a land or other immovable property has been purchased and sold and the price of the purchase and sale exceeds the value determined for the purpose of registration fee or amount of tax, the court fees shall be levied according to the value or price set while making such a purchase and sale.
(b) Where the value/price is not determined pursuant to Clause (a) nor is the price of sale and purchase is set out, the locally prevailing value.