How to File and Manage Civil Cases in District Courts Under Civil Code 2074

April 8, 2025

Mudda Kendra Team

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Summary

Step-by-step guide to civil litigation in Nepal's district courts. Covers plaint preparation, court fees calculation, filing procedures, service of summons, trial process, evidence presentation, and judgment enforcement under Civil Procedure Code 2074.

1. Introduction to Civil Litigation Under Civil Code 2074

Civil litigation in Nepal is governed by the National Civil Procedure Code, 2074 (Muluki Nagrik Samp Adhibias Ain, 2074), which came into force on Bhadra 1, 2075 (17 August 2018 AD). This comprehensive procedural code replaced the outdated Muluki Ain and introduced modern, efficient procedures for resolving civil disputes in Nepal's district courts.

The Civil Procedure Code 2074 establishes a complete framework for civil litigation, covering everything from initial case filing through appeals. For lawyers and litigants, understanding this procedural code is as essential as understanding the substantive law (Civil Code 2074) because procedural compliance determines whether cases are heard, how efficiently they are resolved, and ultimately whether parties receive justice.

Scope of Civil Litigation

The Civil Procedure Code 2074 applies to all civil disputes in Nepal, including:

Property Disputes: Boundary disputes, ownership claims, possession recovery, property partition

Contractual Disputes: Breach of contract, specific performance, damages for breach

Family Matters: Divorce, maintenance, custody, inheritance, property division

Commercial Disputes: Business contracts, partnership disputes, consumer claims

Tort Claims: Personal injury, property damage, defamation, trespass

Administrative Matters: Challenges to government decisions, public law issues

Structure of Civil Courts in Nepal

Nepal's civil court system is hierarchical:

District Courts (First Instance)

Handle all civil cases initially
75 district courts across Nepal
Each district has at least one court
Largest cities have multiple benches
Judges appointed from bar and academics

High Courts (Appellate Level)

Five High Courts covering different regions
Hear appeals from district court decisions
Appellate division with two or more judges
Review for legal error and procedural compliance

Supreme Court (Highest Level)

Hears appeals on constitutional and important legal questions
Limited jurisdiction (only specific grounds for appeal)
14 justices including Chief Justice
Final authority on law interpretation

Key Principles of Civil Procedure

The Civil Procedure Code 2074 is built on several fundamental principles:

Principle of Access to Justice: Civil courts must be accessible to all citizens regardless of economic status. Courts must resolve disputes efficiently and at reasonable cost.

Principle of Due Process: All parties have right to fair hearing, right to present evidence, right to cross-examine opposing witnesses, and right to legal representation.

Principle of Judicial Impartiality: Judges must be independent and impartial. If judge has conflict of interest, judge must recuse.

Principle of Judicial Efficiency: Cases should be resolved within reasonable timeframes. Courts must manage caseloads efficiently.

Principle of Finality: Once judgment becomes final, it cannot be re-litigated. This provides certainty and finality.

Principle of Compensatory Justice: Damages awarded should compensate plaintiff for actual harm, not punish defendant.

2. Pre-Filing Considerations and Assessment

Before filing a civil case, lawyers and clients should carefully assess the case to ensure litigation is the appropriate path and the case has reasonable merit.

Initial Client Consultation

Information Gathering

When a potential client approaches with a dispute, the lawyer should systematically gather information:

Parties and Relationships

Identify all parties involved
Understand relationship between parties (business partners, neighbors, family, strangers)
Identify if there are additional parties who should be involved
Gather contact information and addresses for service of process

Factual Background

Obtain detailed account of events leading to dispute
Establish timeline of events (when did each significant event occur?)
Identify witnesses who have knowledge of facts
Collect all documents related to the dispute

Nature of Dispute

Clearly identify the specific issue in dispute
Is dispute about money, property, or other rights?
Is this a contractual dispute or tort claim?
Are there family law elements?

Remedies Sought

What does client want as resolution?
Is client seeking money damages?
Is client seeking specific performance of contract?
Is client seeking declaratory relief about rights?

Evidence Available

What documents does client have?
Are there written agreements, contracts?
Are there email communications?
Who are potential witnesses?
Are there photographs or physical evidence?

Attempts at Resolution

Has client tried informal negotiation?
Has client contacted opposing party?
Have parties met to discuss?
Why did informal resolution fail?

Legal Assessment

Based on information gathered, lawyer should analyze:

Jurisdiction and Venue

Is the case within Nepal jurisdiction?
Which district court has jurisdiction?
Are there venue issues?

Applicable Law

What area of law applies? (contract, tort, family, property, etc.)
Which code sections are relevant?
Are there recent court decisions on similar issues?
Are there special statutes that apply?

Strength of Claim

How strong is client's legal position?
What are the best facts supporting client's case?
What are the weakest points in client's case?
How likely is it that client will win?

Burden of Proof

What must client prove to win?
What evidence is needed?
Can client obtain this evidence?
How credible will evidence be?

Opposing Party's Position

What is likely opposing party's defense?
How strong is opposing party's position?
What evidence will opposing party present?
Are there likely counter-claims?

Remedies Available

What remedies can courts grant?
Can client obtain the remedy sought?
What is the monetary value of potential remedy?
Are non-monetary remedies appropriate?

Alternative Dispute Resolution Assessment

Before filing a case, lawyer should assess whether alternative resolution might be more appropriate:

Negotiation

Are parties willing to negotiate?
What is client's negotiating position?
What would be acceptable settlement?
Can informal negotiation resolve the issue?

Mediation

Is dispute suitable for mediation?
Are both parties willing?
Would mediator be able to facilitate agreement?
What are costs of mediation vs. litigation?

Arbitration

Do parties have arbitration agreement?
Is arbitration available under relevant law?
What are advantages/disadvantages of arbitration?

Administrative Remedies

Are there administrative procedures available?
Should administrative remedies be exhausted first?
Can administrative decision be appealed to courts?

Cost-Benefit Analysis

Lawyer should help client understand costs and benefits of litigation:

Costs of Litigation

Court fees (detailed below)
Lawyer fees (hourly, flat fee, or contingency)
Expert witness costs (surveyors, accountants, etc.)
Document and evidence preparation costs
Travel and transportation
Time away from work/business

Timeline

How long will case likely take?
What is realistic timeline for resolution?
Are there factors that accelerate resolution?
Are there factors causing delay?

Risks

What is realistic probability of winning?
What happens if client loses?
Are there counter-claims client could face?
Could losing result in paying other side's costs?

Benefits

What is monetary value of winning?
What non-monetary benefits would result?
How would winning affect client's interests?
Are there reputational benefits?

Limitation Periods

A critical pre-filing consideration is whether the case is filed within the applicable limitation period. If filed after limitation period expires, case will be dismissed.

Relevant limitation periods under Civil Code 2074:

Contracts: 3 years from breach (Section 549) Property Recovery: 12 years from when possession was lost (Section 551) Fraud: 3 years from discovery of fraud (Section 553) Torts: 3 years from when harm occurred (Section 553) Maintenance Claims: 3 years from date claim arises (Section 554) Various Statutory Violations: 6 months to 1 year

Calculation of Limitation Period

Limitation period begins from:

Date cause of action arises (event giving rise to claim)
Date plaintiff discovered harm (if harm is not immediately apparent)
Date plaintiff should have discovered harm (with reasonable diligence)

Example: If contractor builds defective house and roof leaks 3 years later:

Limitation period begins from date roof started leaking (when damage discovered)
Not from date house was built

Interruption of Limitation

Limitation period is interrupted (restarted) by:

Filing lawsuit in court
Acknowledgment of claim by defendant
Demand for payment or performance

Example: If 2-year contract limitation period is approaching, filing case stops limitation. If case is dismissed, new 3-year period begins from filing date.

Suspension of Limitation

Limitation period is suspended (paused) for:

Plaintiff who is minor (resumed when minor reaches 18 years)
Plaintiff who is of unsound mind (resumed when capacity restored)
Plaintiff who is imprisoned
Other legal disabilities

3. Understanding Jurisdiction and Venue

For a case to be heard, the court must have both jurisdiction (authority to hear the case) and proper venue (the right court for that case).

Jurisdiction

Subject Matter Jurisdiction

District courts have jurisdiction over all civil matters except those explicitly reserved to other forums:

Excluded from District Court:

Certain disputes involving government (administrative courts in some cases)
Some constitutional matters (go to High Court or Supreme Court)
Certain labor disputes (Labor Court)
Some land-related matters (District Land Revenue Office for some issues)

Amount in Controversy

While district courts generally have no monetary limit, some special courts handle smaller amounts:

Small Claims Division (available in some district courts):

Claims up to certain amount (varies by jurisdiction)
Simplified procedures
Faster resolution
Limited appeal rights

Territorial Jurisdiction

District courts have jurisdiction over cases where:

For Immovable Property Disputes:

Property is located in the district
The district court where property is situated has jurisdiction

For Other Disputes:

Defendant resides in the district
Plaintiff and defendant both reside in the district
Contract to be performed in the district (for contract disputes)
Tort occurred in the district (for tort claims)
Wrongful act was committed in the district

Venue

Determining Proper Venue

Multiple district courts may have jurisdiction. Venue determines which one is proper:

Default Venue Rule:

Case should be filed in district where defendant resides
This is the general rule giving defendant home court advantage

Alternative Venues:

For immovable property disputes: district where property is located
For contract disputes: district where contract was to be performed
For tort claims: district where tort occurred
By consent: parties can agree to different venue

Venue Clause:

Parties in contract can specify which court hears disputes
Such clauses are generally enforceable
But cannot oust jurisdiction entirely (must pick a valid court)

Example Clause: "Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the District Court of Kathmandu."

Change of Venue

Defendant can request change of venue:

Must file request before responding to merits
Defendant claims case was filed in wrong venue
If court agrees, case is transferred
If defendant does not object early, right is waived

Determining Correct Jurisdiction

Checklist for Jurisdictional Assessment

Before filing, lawyers should confirm:

Is this a civil matter? (Not criminal, labor, constitutional, etc.)
Are there clear parties? (Can all necessary parties be sued?)
Is subject matter within district court jurisdiction? (Not specialized court matter?)
Is there territorial connection to Nepal? (Nepal courts have jurisdiction?)
Is there proper venue? (Is plaintiff filing in correct district?)
Has limitation period not expired? (Is claim timely filed?)
Has administrative remedy been exhausted if required? (Are prerequisites met?)

If any answer is "no," case may be dismissed on jurisdictional grounds.

4. Preparation Phase: Building Your Case

Careful case preparation is essential before filing. The stronger the preparation, the more likely successful resolution.

Evidence Gathering and Organization

Documentary Evidence

Collect all documents relevant to the claim:

For Contract Disputes:

Original contract
Amendments or modifications
Correspondence regarding contract
Payment records and invoices
Performance documentation
Email communications
Text messages and instant messages

For Property Disputes:

Property ownership documents (Lalpurja)
Purchase or gift documents
Survey certificates and maps
Boundary agreements
Photographs of property and boundaries
Government land records
Previous court documents if any

For Tort Claims:

Incident report or FIR (first information report)
Police investigation documents
Medical reports (for injury cases)
Photographs of injuries and damage
Expert reports (doctor, engineer, etc.)
Insurance documents
Communication between parties

For Family Law Cases:

Marriage certificate
Divorce documents (if any)
Birth certificates of children
Property ownership documents
Financial records and bank statements
Child care documentation
Communications between spouses

Document Organization

Create organized document file:

Chronological Order: Arrange documents in order they occurred
Categorization: Group documents by type (contracts, correspondence, etc.)
Labeling: Give each document unique identification (Doc-1, Doc-2, etc.)
Index: Create index showing what each document is and relevance
Certified Copies: Obtain certified copies for filing

Witness Identification and Preparation

Identifying Witnesses

Witnesses provide testimony supporting client's facts:

Categories of Witnesses:

Fact Witnesses: Have direct knowledge of events

Parties to contract
Witnesses to incidents
People present when events occurred
Persons with knowledge of property/boundaries

Expert Witnesses: Have professional expertise on technical issues

Surveyors (boundary disputes)
Engineers (construction defect cases)
Doctors (medical malpractice)
Accountants (fraud, financial disputes)
Valuation experts (property value)

Witness Statements

For each witness, gather:

Contact information (address, phone, email)
Relationship to client/case
What they know about the case
Availability to testify
Written statement of what they will testify

Written witness statement should:

Be in witness's own words
State what witness personally knows (not hearsay)
Be dated and signed
Include witness's address
Contain statement of truth (under oath)

Witness Preparation

Before trial, prepare witnesses:

Review Statement: Have witness review their written statement
Clarify Testimony: Discuss exactly what they will testify about
Explain Process: Explain what to expect at trial
Practice Testimony: Conduct mock examination
Manage Expectations: Prepare witness for cross-examination

Mock Examination

Conduct practice examination:

Ask questions in open-ended format ("Tell me what you saw...")
Allow witness to answer fully
Note areas where testimony is vague or unclear
Clarify and refine testimony
Build witness confidence

Expert Witness Engagement

For technical matters, expert witness is essential:

Selecting Expert

Choose expert with:

Proper qualifications and credentials
Experience in the relevant field
Understanding of Nepali law
Good communication skills
Ability to be available for trial

Expert Scope of Work

Define expert's task:

What specific questions should expert address?
What documents should expert review?
What examinations or tests should expert conduct?
What timeline does expert have?
What is budget for expert services?

Expert Report

Expert prepares written report:

Identifies expert's qualifications
Describes methodology used
Reviews documents and evidence
States findings and conclusions
Explains reasoning
Provides detailed opinions
Must be professional and objective

Legal Research and Case Strategy

Researching Applicable Law

For any legal claim, research applicable law:

Statutory Law:

Civil Code 2074 relevant sections
Civil Procedure Code 2074 relevant sections
Any specialized statutes (Labor Act, Company Act, etc.)
Recent amendments to law

Case Law:

Supreme Court decisions on similar issues
High Court decisions establishing principles
Published district court decisions
International law principles (for comparative purposes)

Legal Strategy

Develop case strategy:

Strengths:

What facts and law support client's position?
What is most convincing argument?
What evidence is strongest?
What legal precedent is most favorable?

Weaknesses:

What facts are problematic?
What legal arguments might opponent make?
How can weaknesses be addressed?
Should client emphasize some arguments over others?

Opponent's Position:

What will opponent likely argue?
What evidence will opponent rely on?
What are opponent's strongest points?
How should client counter opponent's arguments?

Narrative Development:

What is the overall story client's case tells?
How does evidence fit together?
What is cause and effect of events?
How does client's narrative align with law?

5. Drafting the Plaint (Formal Complaint)

The plaint is the formal document that initiates civil litigation. It must comply with Civil Procedure Code 2074 requirements and effectively present client's case.

Legal Requirements for Plaint

Mandatory Contents per Section 33

According to Section 33 of the Civil Procedure Code 2074, plaint must contain:

1. Name and Address of Court

The plaint must clearly identify the court where case is being filed:

Example:

IN THE DISTRICT COURT OF [DISTRICT NAME]
AT [CITY NAME]
CASE NO: [Leave blank until assigned by court]

2. Names and Addresses of Parties

Plaintiff: The party filing the case (person bringing claim)

Full legal name
Complete address
Citizenship number (if available)
Contact information

Defendant(s): The party being sued (person against whom claim is made)

Full legal name
Complete address
Citizenship number (if available)
If defendant's exact address unknown, "Address unknown" is acceptable
If multiple defendants, all must be named

Example:

PLAINTIFF:
Name: Ram Bahadur Sharma
Address: Ward 10, Kathmandu Municipality, Kathmandu District
Citizenship Number: 123456789

DEFENDANT:
Name: Radha Kumari Singh
Address: Ward 5, Bhaktapur Municipality, Bhaktapur District
Citizenship Number: 987654321

3. Statement of Facts

The facts section narrates the events and circumstances giving rise to the claim:

Requirements for Statement of Facts:

Facts should be stated clearly and concisely
Facts should be in chronological order
All material facts must be included
Include sufficient detail so reader understands what happened
Avoid legal conclusions (state facts, not arguments)
Avoid excessive length (be concise while complete)
Divide into numbered paragraphs for clarity

Example Structure:

Paragraph 1: How parties entered into relationship (contract formed, etc.)
Paragraph 2: Key terms of agreement
Paragraph 3: Party's performance (what plaintiff did)
Paragraph 4: Defendant's performance (or failure to perform)
Paragraph 5: When breach occurred or damage resulted
Paragraph 6: Attempts at resolution
Final paragraph: Current status

4. Subject Matter of Case

Clearly identify what the case is about:

Property dispute
Breach of contract
Tort/personal injury
Family law matter
Other

5. Value of Claim

For monetary claims, state the exact amount:

In numerals: "NPR 500,000"
In words: "Five hundred thousand rupees"
Describe how amount was calculated
If claim is not monetary, state "Claim is not valued in money"

6. Relief or Remedy Sought

State specifically what plaintiff wants as resolution. This is called "prayers" or "reliefs sought":

Prayers should:

Be specific and measurable
Flow logically from facts presented
Be legally possible (court can grant)
Be achievable based on law

Examples of Prayers:

In Contract Breach Case: "Therefore, it is hereby prayed that this Honorable Court may be pleased to decree:

That defendant is liable for breach of contract dated [date]
That defendant be ordered to pay plaintiff compensation of NPR 500,000 as damages for breach
That defendant be ordered to pay court costs and legal fees
Such other relief as this Honorable Court deems fit and proper"

In Property Dispute Case: "Therefore, it is hereby prayed that this Honorable Court may be pleased to decree:

That plaintiff is the rightful owner of property described as [property description]
That defendant and all persons claiming through defendant be evicted from the property
That plaintiff be restored possession of the property
That defendant be ordered to pay plaintiff compensation for wrongful occupation
Such other relief as this Honorable Court deems fit and proper"

7. Verification

The plaint must be verified—plaintiff must swear under oath that facts are true:

Typical verification clause:

VERIFICATION

I, Ram Bahadur Sharma, plaintiff above, do hereby solemnly affirm and declare that the 
facts stated in this plaint are true to my knowledge and belief and are not false, 
concealed or misleading.

I further declare that I have not concealed any material fact, and if anything is found 
to be false or concealed, I shall be liable to the extent of the law.

Signed:
Thumb Print: 
Date:
Witness:

Structural Organization of Plaint

Standard Plaint Structure

Page 1 - Header:

Court identification
Parties identification
Case heading

Pages 2+ - Statement of Facts:

Numbered paragraphs
Chronological narrative
Supporting details
References to documents

Final Page - Relief Sought:

Prayers numbered and clear
Logical conclusion
Verification with signature

Common Mistakes in Plaint Drafting

Avoid these errors:

1. Mixing Facts and Legal Conclusions

Wrong: "Defendant fraudulently breached the contract"
Right: "Defendant failed to perform work as contracted and knew he would not perform"

2. Including Argumentative Language

Wrong: "Defendant's conduct was clearly wrongful and harmful"
Right: "Defendant's conduct caused damage to plaintiff's property worth NPR [amount]"

3. Excessive Length

Avoid lengthy plaints exceeding 20-30 pages
Courts may reject excessively verbose plaints
State essential facts only

4. Vague Descriptions

Wrong: "Defendant caused damage"
Right: "Defendant's vehicle collided with plaintiff's vehicle on [date] at [location], causing damage to the front bumper and hood, estimated value NPR 50,000"

5. Missing Required Elements

Ensure all Section 33 requirements are met
Include verification
Include specific prayers
Attach certified documents

6. Unclear Relief Sought

Make prayers specific and measurable
"Compensation in suitable amount" is too vague
"Compensation of NPR 500,000" is clear

Plaint Format and Language

Language

Plaint must be filed in Nepali language:

Civil Procedure Code Section 11 requires court filings in Nepali
Official translations of English documents must be in Nepali
Foreign language documents must be accompanied by Nepali translation

Formatting

Plaint should be:

Typed on white paper
Single-sided or double-sided printing acceptable
Standard margins (1 inch or 2.5 cm)
Font size 11-12 points for readability
Numbered pages
Single or 1.5 line spacing

Signature Requirements

Plaint must be signed by:

Plaintiff (if filing personally)
Plaintiff's lawyer (if represented by lawyer)
With date
With seal (if lawyer's office has seal)

Certification

If documents are attached:

All attached documents must be certified copies
Should have official seal or certification
Original or self-certified copies may not be accepted

6. Court Fees Calculation and Payment

One essential requirement before filing is calculating and paying correct court fees. Incorrect fee calculations can result in case rejection or registration delay.

Legal Basis for Court Fees

Court fees are governed by:

National Civil Procedure Code 2074, Sections 63-81
Court Fee Act 2070 (2013)
Various district court fee schedules

Section 63 defines court fee as a charge imposed on litigants for initiating civil proceedings.

Section 69 specifies the rate of court fees based on claim value.

Court Fee Calculation Methodology

For Monetary Claims

Court fees are calculated based on the monetary value of the claim using a progressive scale:

Fee Schedule per Section 69:

Claim Amount	Fee Rate	Fee Amount
Up to NPR 25,000	Fixed	NPR 500
NPR 25,001 to NPR 50,000	5%	5% of amount exceeding NPR 25,000
NPR 50,001 to NPR 100,000	3.5%	3.5% of amount exceeding NPR 50,000
NPR 100,001 to NPR 500,000	2%	2% of amount exceeding NPR 100,000
NPR 500,001 to NPR 2,500,000	1.5%	1.5% of amount exceeding NPR 500,000
Above NPR 2,500,000	1%	1% of amount exceeding NPR 2,500,000

Example Calculation: If plaintiff sues for NPR 200,000:

First NPR 25,000: NPR 500
Next NPR 25,000 (NPR 25,001-50,000): 5% × NPR 25,000 = NPR 1,250
Next NPR 50,000 (NPR 50,001-100,000): 3.5% × NPR 50,000 = NPR 1,750
Remaining NPR 100,000 (NPR 100,001-200,000): 2% × NPR 100,000 = NPR 2,000
Total Court Fee: NPR 5,500

For Non-Monetary Claims

For claims not involving monetary value (property partition, eviction, declaration of rights):

Section 70 Standard Fees:

Various claims specified in Section 70 have fixed fees
Common fixed fees: NPR 500
Examples:
- Property partition without monetary claim: NPR 500
- Eviction of trespasser: NPR 500
- Declaration of rights: NPR 500
- Specific performance of contract: NPR 500 (or based on monetary value if amount involved)

Special Cases:

Some cases have special fee structures
Example: Injunction cases—fee based on value of property or matter involved

For Appeals

Court fees for appeals are 15% of the fee charged for the original plaint:

Example: If original fee was NPR 5,500, appeal fee is 15% × NPR 5,500 = NPR 825

Payment Procedure

Payment Methods

Court fees must be paid:

In cash
By bank deposit or check (in some courts)
No other security is accepted

Payment Timing

Court fees should be paid:

At time of case filing
Before case is registered
Payment must be made to court or bank designated by court

Proof of Payment

Retain receipt showing:

Amount paid
Date of payment
Case/party details
Court seal or stamp

Payment Exemption

Persons with financial hardship can request fee exemption:

File petition for fee exemption
Provide proof of financial hardship
Court may allow deferred payment
Payment can be made after judgment if court grants exemption

Common Court Fee Issues

Incorrect Fee Calculation

If lawyer miscalculates fee:

Court may reject case registration
Must recalculate and pay additional fee
May cause delay in registration

Overvalued or Undervalued Claims

If claim is undervalued to avoid fees, court may revalue
If claim is overvalued, plaintiff bears consequence
Court may sanction abuse of fee system

Multiple Claims

If plaint includes multiple separate claims:

Each claim may require separate fee calculation
Total fee is sum of individual claim fees
Combined claims must relate to same transaction/subject

7. Filing the Case and Case Registration

Once plaint is prepared and fees are calculated, case must be formally filed and registered with the court.

Where and How to File

Filing Location

Cases are filed at:

District Court Registry Office
Located in each district
Usually located in district court building
Multiple registries in larger courts/districts

Filing Hours

Courts typically accept filings:

During working hours (9:00 AM to 5:00 PM)
Monday through Friday
Some courts have extended hours
Court holidays vary by district

Required Documents for Filing

Bring to registry office:

Original Plaint: Signed and verified
Certified Copies of Documents: All attachments must be certified
Court Fee Receipt: Proof that fee was paid
Power of Attorney: If filing through lawyer
Citizenship Copies: Copies of plaintiff and defendant citizenship
Any Other Supporting Documents: As applicable

Registration Process

Step 1: Document Verification

Court officer (typically court recorder/registrar) reviews:

Plaint format and completeness
Presence of all Section 33 required elements
Proper signatures and verifications
Court fee receipt
Attached documents

If documents are incomplete:

Court officer returns documents for correction
Lawyer must make corrections and resubmit
Resubmission initiates review again

Step 2: Fee Verification

Court officer verifies:

Court fee has been paid
Fee amount is correctly calculated
Receipt is attached or receipt number recorded

If fee is incorrect:

Court officer identifies discrepancy
Additional fee is collected if underpaid
Correction is made before proceeding

Step 3: Case Number Assignment

Once documents are verified and fees are paid:

Court assigns unique case number
Format: [Year]/[District]/[Case Type]/[Sequential Number]
Example: 2081/Kathmandu/01/1234 (case filed in Bhadra 2081 in Kathmandu)
Case number is used for all future court communications

Step 4: Entry in Case Register

Court officer enters case in official register:

Records case number
Records parties' names and addresses
Records filing date
Records case subject matter
Records assigned judge/bench

Step 5: Summons Issuance

Once case is registered:

Court prepares summons directing defendant to appear
Summons is served on defendant
Summons informs defendant of case and hearing date
Defendant is given opportunity to respond

Step 6: Receipt of Case Number and Hearing Date

Plaintiff is given:

Case registration certificate
Assigned case number
Date of first hearing
Instructions for future proceedings
Specification of applicable judge/bench

Timeline for Registration

According to Civil Procedure Code Section 11, cases should be registered within:

7 working days of submission (in theory)
Up to 15 working days in practice
Delays may occur if documents are incomplete

Delays can result from:

Incomplete documents
Incorrect fee calculation
Court processing backlog
Administrative delays

8. Service of Summons on Defendant

Service of summons is the process of notifying defendant of the lawsuit. Proper service is essential for establishing court jurisdiction over defendant.

Summons Contents

The summons notifies defendant:

That plaintiff has filed case against defendant
Nature of claim (brief description)
When to appear in court
Address of court
Consequences of non-appearance
That defendant can file written response

Typical Summons Language:

SUMMONS

TO: [Defendant's Name and Address]

WHEREAS, plaintiff [plaintiff name] has filed a case against you in this court 
claiming [brief description of claim], and

WHEREAS, this court has accepted the case for hearing, and

NOW THEREFORE, you are hereby summoned to appear in person or through your 
authorized representative before this court on [date and time] to show cause why 
relief prayed by plaintiff should not be granted against you.

You may file your written statement/defence within [period] from the date of 
this summons.

If you fail to appear, the court may proceed with the case in your absence and 
decree against you.

[Court seal and signature of Court Officer]

Methods of Service

Personal Service

Most common method:

Summons is served directly on defendant's person
By court officer or authorized representative
Acknowledgment of receipt obtained
Server prepares affidavit of service

Proof of Personal Service:

Affidavit by server stating facts of service
Statement of where, when, and how defendant was served
Defendant's acknowledgment or signature
If defendant refuses signature, two witnesses can confirm service

Residential Service

If defendant not found personally:

Summons can be served at defendant's residence
Served on any adult member of household
In presence of witness
Notice is left at residence

Service at Place of Business

For business-related disputes:

Summons served at defendant's business address
Served on person in charge of business
Notice left at business premises
Confirmation obtained

Substituted Service

If defendant avoids service:

Court may authorize alternative service method
Service on defendant's authorized representative
Service through plaintiff's lawyer
Service through government official

Service by Registered Mail

In some cases:

Court directs service by registered mail
Postal receipt provides proof
Defendant must acknowledge receipt
Court records mail delivery

Service by Publication

If defendant's address unknown:

Court may authorize publication in newspaper
Summons published in specified newspaper
Service is deemed complete on publication date
Used only in exceptional cases

Time for Service

Summons should be served:

Within specified period after issuance
Usually within 15-30 days
Service must be completed before defendant's response date

Proof of Service (Affidavit of Service)

For each method of service, proof must be submitted:

Affidavit of Service Contents:

Description of what service was made
Date, time, and location of service
Name of person receiving summons
Person's relationship to defendant (if residential service)
Server's signature
Witness signatures (if applicable)
Court receipt stamp

Defective Service

If service is improper:

Defendant may challenge jurisdiction
Court may order re-service
If not properly served, judgment may be overturned
Service must be proper for judgment to be enforceable

9. Defendant's Response and Reply Filing

Within specified period after being served, defendant must respond to plaintiff's plaint.

Time Limit for Filing Reply

Response Period

Defendant has 15 days from service of summons to file written statement (defence):

This period can be extended for good cause
Extension request must be filed before period expires
Court may extend for up to 15 additional days
In some cases, extension to 36 days may be allowed

Calculating Time Limit

Count from date of service
Do not count the service date itself
Count business days only (exclude court holidays)
In practice, lawyers typically file within 10-12 days to allow buffer

Contents of Written Statement (Defence)

What Defendant Must Address

Written statement must specifically address plaintiff's allegations:

Section 43 Requirements:

The written statement must contain:

1. Response to Each Allegation

Defendant should:

Admit or deny each factual allegation
Not admitting is deemed admission
Explanation of any partial denial
"Defendant does not admit or deny allegation 3" is treated as admission

2. Affirmative Defenses

Defendant can assert affirmative defenses:

Limitation period has expired
Plaintiff lacks capacity to sue
Claim is time-barred
Plaintiff's case is barred by prior judgment
Defendant was acting with plaintiff's permission or authority
Any other defense under law

3. Counter-Claim (if any)

If defendant has claims against plaintiff:

Can be included in written statement
Must state defendant's claims against plaintiff
Follows same requirements as plaint
Court fees apply to counter-claim

4. Verification

Written statement must be verified:

Statement by defendant under oath
That contents are true
Signature and date
Thumb print (if required)

Common Defenses

Substantive Defenses (going to merits):

Plaintiff's allegations are false
Defendant performed contract
Plaintiff breached first
Plaintiff was comparatively negligent
Defendant had legitimate reason for conduct

Technical Defenses (challenging the case):

Court lacks jurisdiction
Wrong venue
Limitation period expired
Plaintiff lacks legal capacity
Case is barred by prior judgment (res judicata)
Case presents same issues as earlier case (double jeopardy)

Counterclaim

If defendant has claims against plaintiff:

Example structure:

COUNTER-CLAIM

Defendant, by way of counter-claim against plaintiff, states:

1. Defendant denies the allegations in plaintiff's plaint.

2. In fact, plaintiff owes defendant the sum of NPR 200,000 for [reason].

3. Defendant prays that this Honorable Court may decree:
   a) That plaintiff's case be dismissed
   b) That defendant recover NPR 200,000 from plaintiff
   c) Court costs and fees

[Verification]

10. Case Management and First Hearing

After defendant's written statement is filed, case enters active management phase with first hearing in court.

First Hearing (Preliminary Hearing)

Purpose of First Hearing

The first hearing serves to:

Establish that case is properly filed
Identify issues in dispute
Assess whether settlement is possible
Set schedule for further proceedings
Assign case to appropriate bench/judge

Timing of First Hearing

First hearing is typically scheduled:

15-30 days after case registration
Date is communicated to parties
Both parties are expected to attend

Court Procedures at First Hearing

Before Hearing

Parties and lawyers should:

Review file thoroughly
Organize documents for easy reference
Review written statement and plaint
Prepare opening comments

At the Hearing

1. Court Calls Case

Court officer calls case name and number
Parties and lawyers present themselves
Absences are noted

2. Judge Introduction

Judge introduces themselves
Judge may explain procedure
Judge may ask preliminary questions

3. Parties' Statements

Plaintiff's lawyer may briefly state case
Defendant's lawyer may briefly respond
This is not full argument (reserved for later)
Purpose is understanding by judge

4. Issue Identification

Judge identifies key issues in dispute
What facts are undisputed?
What facts are disputed?
What legal questions arise?
Judge may prepare summary of issues

5. Settlement Discussion

Judge may inquire if settlement is possible
Parties discuss without prejudice settlement options
If settlement appears possible, settlement discussion held
If no settlement, case proceeds to trial phase

6. Case Schedule Setting

Judge sets timeline for further proceedings
When will mediation hearing occur?
When will evidence be collected?
When will trial be scheduled?
What deadlines apply?

7. Order for Mediation

Per Civil Procedure Code Section 193-195, mandatory mediation must be attempted:

Court orders case referred to mediation center
30-day mediation period is set
Court explains mediation process
Parties are directed to participate in good faith

Judge's Preliminary Orders

After first hearing, judge may issue preliminary orders:

Order for Documents

Direct parties to submit specific documents
Set deadline for submission
Documents are attached to case file

Order for Examination

Require parties to submit to medical or technical examination
In dispute involving injury or property condition

Order for Oath

Require parties to swear truthfulness of certain statements
Rarely used

Order for Mediation

Refer case to court mediation center
Set 30-day mediation period
Explain obligations to participate

11. Mandatory Mediation Process

Civil Procedure Code 2074 Section 193-195 require courts to attempt mediation before proceeding to full trial.

Legal Framework for Mediation

Mandatory Mediation Requirement

Section 193 states: "Upon the submission of plaintiff's paper and defendant's written statement, the court shall attempt to settle the dispute through conciliation and mediation."

This requirement applies to:

All civil cases (with some exceptions)
Family law cases (especially recommended)
Commercial disputes
Property disputes

Mediation Not Applicable

Mediation may not apply in:

Cases involving government as party
Some constitutional matters
Cases where mediation is inappropriate

Mediation Process

Step 1: Mediation Order

Court issues order directing parties to:

Participate in mediation process
Attempt to reach settlement
Attend mediation center
Comply with mediator's process

Step 2: Mediator Appointment

Court appoints mediator from court mediation center:

Qualified, trained mediator
Experienced in case type
Impartial and unbiased
With appropriate credentials

Step 3: Mediation Period

Mediation typically lasts:

30 days from court order
May be extended if progress toward settlement
Parties meet with mediator multiple times
Private meetings (caucuses) with each party

Step 4: Mediation Procedures

Mediation follows structured process:

Joint Meeting:

Both parties and mediator together
Each party explains position
Mediator listens without judging
Parties listen to each other

Private Caucuses:

Mediator meets separately with each party
Party can be candid with mediator
Mediator explores settlement possibilities
Mediator may suggest compromises

Negotiations:

Mediator facilitates direct negotiations
Parties work toward compromise
Mediator may propose settlement options
Parties have control over final settlement

Step 5: Settlement or Failure

If Settlement Achieved:

Agreement is documented in writing
Both parties sign agreement
Mediator submits agreement to court
Court approves settlement
Case is concluded

If Mediation Fails:

Mediator issues report to court
Report states no settlement achieved
Parties' positions are not disclosed
Case proceeds to trial phase

12. Evidence Collection and Presentation

If mediation fails, case proceeds to evidence collection and trial preparation.

Types of Evidence

Documentary Evidence

Documents submitted to court:

Contracts
Correspondence
Financial records
Photographs
Government records
Survey documents
Expert reports

Admissibility:

Documents must be original or certified copies
Can be authenticated by party or witness
Hearsay may not be admissible
Documents prepared for litigation may be excluded

Witness Testimony

Witness testifies about:

Personal knowledge of facts
What they saw, heard, did
Relationships or background information
Timeline of events

Cross-Examination:

Opposing party tests witness credibility
Questions about accuracy of memory
Contradictions with other evidence
Bias or interest in outcome

Expert Testimony

Expert witnesses provide:

Professional opinions on technical matters
Explanation of technical concepts
Analysis of documents
Valuation assessments
Methodology explanation

Expert Qualifications:

Must establish expert's qualifications
Experience in field
Professional credentials
Prior expert testimony experience

Physical Evidence

Tangible objects presented to court:

Damaged property
Products causing injury
Photographs of scene
Video recordings
Objects in dispute

Evidence Collection Procedure

Documentary Evidence Submission

Step 1: Identification

Mark each document with exhibit number
Example: Document A-1, A-2, etc. for plaintiff documents

Step 2: Certification

Certified copies must be submitted
Original and certified copy provided
Court registry certifies documents

Step 3: Submission to Court

Documents submitted in organized file
Index of documents prepared
Documents listed in order

Step 4: Opponent Access

Copies provided to opposing party
Opposing party may challenge admissibility
Court rules on admissibility

13. Interlocutory Applications and Orders

During litigation, parties may need to request court orders for matters arising during the case. These are called interlocutory applications.

Types of Interlocutory Applications

Application for Injunction

Request for court order preventing opponent's harmful conduct:

Temporary restraining order (immediate relief)
Preliminary injunction (until case resolves)
Prohibitory injunction (prevent action)
Mandatory injunction (require action)

Application for Examination

Request for expert examination:

Medical examination (injury cases)
Property inspection
Technical assessment

Application for Document Production

Request for opponent to produce documents:

From opponent's possession
Relevant to case
Binding on opponent

Application for Examination of Witness

Request to examine opponent's witness before trial:

Preserve testimony (if witness may be unavailable)
Test credibility early
Clarify position

Application for Costs or Security

Plaintiff may request security for costs from defendant:

Ensures cost payment if plaintiff loses
Defendant provides security in cash

Procedure for Interlocutory Applications

Filing

Application is filed with supporting affidavit:

Details of application
Facts supporting request
Legal basis
Prayer for relief

Service

Application is served on opponent:

Opponent has opportunity to respond
Opponent files counter-affidavit
Court schedules hearing

Hearing

Court hears oral arguments:

Applicant explains reason for application
Opponent opposes request
Court questions both parties
Court issues order

Orders Granted

If court grants application:

Order is issued immediately
Order is binding on parties
Failure to comply can result in contempt

14. Pre-Trial Conference and Case Scheduling

Before trial, courts often conduct pre-trial conferences to organize the case.

Purpose of Pre-Trial Conference

Pre-trial conference aims to:

Simplify issues in dispute
Settle as many issues as possible
Identify evidence to be presented
Organize document submissions
Establish trial schedule
Estimate trial duration
Identify procedural issues

Pre-Trial Conference Process

Notification

Parties are notified:

Date and time of conference
Location
Matters to be discussed
Documents to bring

At Conference

Judge meets with parties and lawyers:

Reviews case file
Discusses trial issues
Identifies undisputed facts
Organizes evidence
Discusses settlement possibility

Pre-Trial Orders

Judge issues orders regarding:

When evidence must be submitted
Document organization requirements
Witness list requirements
Expert reports submission
Trial date and expected duration
Ground rules for trial

15. Trial Procedures and Witness Examination

Trial is where parties present their case fully to judge.

Trial Structure

Opening Statements

Plaintiff's lawyer opens:

Brief outline of case
What evidence will show
What law applies
Why plaintiff should win

Defendant's lawyer may open:

Outline defendant's position
Challenges to plaintiff's case

Plaintiff's Case

Plaintiff presents evidence:

Plaintiff's testimony
Witness testimony
Documentary evidence
Expert testimony

Cross-Examination

Defendant questions plaintiff's witnesses:

Tests accuracy
Challenges credibility
Presents alternative interpretation

Defendant's Case

Defendant presents evidence:

Defendant's testimony
Defendant's witnesses
Documentary evidence
Expert testimony

Plaintiff's Rebuttal

Plaintiff may present additional evidence:

In response to defendant's case
Not entirely new matter

Closing Arguments

Plaintiff's lawyer argues:

Why facts support plaintiff's case
How law applies to facts
Why plaintiff should win

Defendant's lawyer argues:

Why defendant's position is correct
Flaws in plaintiff's case
Why defendant should win

Witness Examination Procedures

Examination by Own Lawyer

Questions are open-ended:

"Tell me about the contract..."
"What happened on that date..."
"Describe the property..."
Witness can explain fully
Leading questions generally not allowed
Witness provides narrative

Cross-Examination by Opponent

Opposing lawyer questions witness:

"Is it true that..."
"Did you not..."
Leading questions allowed
Witness answers yes or no (if possible)
Purpose is to challenge testimony
To show bias or memory problems
To present alternative facts

Re-Examination

Witness's own lawyer may ask follow-up questions:

To clarify cross-examination
Not to introduce new matters
To rehabilitate witness credibility

16. Judgment and Decree

After trial, judge issues judgment (also called decree in some cases).

Judgment Contents

Judgment typically contains:

1. Caption

Court identification
Case number
Parties' names
Judgment date

2. Statement of Facts

Facts found proven
Facts found not proven
How judge assessed evidence

3. Legal Analysis

Applicable law
How law applies to facts
Judge's legal reasoning

4. Findings

Whether plaintiff proved claim
Whether defendant proved defense
Which party is winner

5. Orders/Relief

Specific relief granted
Orders for payment
Orders for possession
Orders for compliance
Timelines for compliance

6. Costs

Court costs allocation
Legal fees (if awarded)
Who pays whom

7. Signature

Judge's signature
Court seal
Date

Types of Judgments

Decree in Favor of Plaintiff

Plaintiff wins
Defendant ordered to comply with prayers
Defendant may be ordered to pay damages, court costs

Decree Dismissing Plaintiff's Case

Plaintiff loses
Case is dismissed
Defendant may be awarded costs

Partial Decree

Some prayers granted, others denied
Mixed result

17. Appeal Procedures

Losing party can appeal district court judgment to High Court.

Grounds for Appeal

Legal Error

Appellant can appeal if:

Judge misinterpreted or misapplied law
Judge made error in legal reasoning
Judge failed to apply relevant law
Judge applied law that has been overruled

Procedural Error

Procedural violations during trial:

Improper admission of evidence
Violation of rules of evidence
Denial of opportunity to present case
Bias or misconduct by judge

Insufficiency of Evidence

Evidence insufficient to support judgment:

No evidence supports finding
Evidence is contradicted by stronger evidence
Judgment is against weight of evidence

Inadequacy of Damages

Damages awarded are:

Excessive (too high)
Inadequate (too low)
Not supported by evidence

Appeal Procedure

Notice of Appeal

Appellant files notice of appeal:

Within 35 days of judgment
Specifies grounds for appeal
Identifies issues to be reviewed
Requests stay of judgment (if requested)

Appeal Memorandum

Appellant submits detailed brief:

Statement of facts
Statement of legal issues
Arguments for reversal
Relevant law and precedent

Respondent's Brief

Respondent (winning party) responds:

Defends judgment
Argues why appeal should be dismissed
Responds to appellant's arguments

Appeal Hearing

High Court hears oral arguments:

Appellant's lawyer argues
Respondent's lawyer responds
Court questions both parties
Court reviews case record

High Court Decision

High Court may:

Affirm judgment (uphold)
Reverse judgment (overturn)
Modify judgment (change amount or terms)
Remand for new trial

18. Case Management Tools and Systems

Modern practice requires efficient case management.

Manual Case Management

Case File Organization

Maintain organized case file:

Separate folders for different document types
Chronological organization within folders
Index of all documents
Copies for easy reference
Backup copies for security

Case Management Forms

Use tracking forms:

Case information form (parties, dates, issues)
Hearing schedule tracker
Evidence checklist
Witness list
Timeline of events

Digital Case Management

Case Management Software

Many law firms use software:

Document management systems
Case calendar and deadline tracking
Time tracking
Billing systems
Document assembly tools

Electronic Filing (e-filing)

Some courts accept electronic filing:

Digital case submission
Online tracking
Electronic service
Digital document management
Reduces paper use

Court Information Systems

Case Status Online

In major district courts:

Case information available online
Hearing dates can be checked
Case status can be tracked
Some courts have case management portals

19. Timeline and Cost Management

Typical Case Timeline

From Filing to Judgment

Stage	Typical Duration
Case Registration	7-15 days
Service on Defendant	15-30 days
Filing Reply	15-60 days
First Hearing	15-30 days after registration
Mediation Period	30 days
Evidence Collection	30-90 days
Pre-Trial Conference	30-60 days
Trial	30-180 days (depending on complexity)
Judgment	Within 30 days of trial completion
Total Typical Duration	1-2 years

Complex cases may take 3-5+ years

Cost Management

Lawyer Fees

Cost-saving approaches:

Hourly rate: Fixed hourly rate (NPR 500-2,000+ per hour depending on lawyer)
Flat fee: Fixed price for entire case
Contingency fee: Lawyer paid from settlement/judgment (typically 20-40%)
Conditional fee: Fee payable only if case successful

Minimizing Costs

Early settlement attempts
Efficient evidence gathering
Strategic focus on key issues
Avoiding unnecessary motions
Efficient use of hearing time
Reasonable fee arrangements

20. Conclusion and Best Practices

Summary of Civil Litigation Process

Civil litigation in Nepal under Civil Code 2074 and Civil Procedure Code 2074 involves:

Pre-Filing: Assessment, jurisdiction check, evidence gathering, limitation period verification
Filing: Plaint preparation, fee calculation, case registration
Service: Serving defendant with summons
Response: Defendant files written statement
First Hearing: Judge organizes case, attempts settlement
Mediation: 30-day mandatory mediation period
Evidence: Parties collect and present evidence
Trial: Full hearing before judge
Judgment: Judge issues decision
Appeal: Losing party can appeal to High Court

Best Practices for Lawyers

Case Preparation

Thoroughly investigate facts before filing
Gather all available evidence early
Identify witnesses and get statements
Research applicable law thoroughly
Develop clear case strategy
Estimate costs and timelines realistically

Client Management

Provide clear communication about process
Set realistic expectations about outcomes
Manage client expectations about costs
Keep client informed of developments
Explain procedures clearly
Discuss settlement options

Professional Practice

Comply with Civil Procedure Code requirements
Meet all court deadlines
Maintain organized case files
Ensure documents are properly formatted
Submit accurate fee calculations
Represent clients ethically and diligently

Strategic Litigation

Focus on strongest legal and factual arguments
Identify and address weaknesses early
Anticipate opponent's arguments
Prepare for cross-examination
Use evidence strategically
Pursue settlement when appropriate
Appeal meritorious grounds only

Access to Justice Considerations

Despite modern procedures, access to justice challenges remain:

High cost barriers for poor clients
Long delays in many courts
Limited access in remote areas
Shortage of lawyers in some regions
Complex procedures difficult for self-represented parties

These challenges require ongoing:

Legal aid programs
Judicial efficiency improvements
Technology implementation
Professional responsibility toward access to justice

The Civil Code 2074 and Civil Procedure Code 2074 provide a comprehensive, modern framework for civil litigation. Lawyers who master these procedures and practices will provide excellent service to clients and contribute to efficient justice administration in Nepal.