The Civil Procedure in Nepal
In Nepal, civil procedure refers to a set of rules and regulations that govern the process of resolving civil disputes. All parties involved in civil cases are protected by these procedures, which are designed to ensure a fair and efficient resolution of civil cases.
Currently, Nepal’s civil procedure is governed by the Civil Procedure Code (CPC) of 2074 (2017). In addition to rules regarding jurisdiction, filing lawsuits, evidence, hearings, and judgments, the CPC also provides a comprehensive framework for civil cases.
In addition to disputes related to contracts, property, family matters, and torts, it covers all civil matters.
Nepal’s civil procedure consists of the following key aspects:
Courts in Nepal have three levels of jurisdiction: district courts, appellate courts, and the Supreme Court. Several factors determine a court’s jurisdiction, including the nature and value of the dispute, the location of the parties, and the subject matter of the case.
2. Filing of Lawsuits:
The filing of a lawsuit is the first step in a civil lawsuit in Nepal. A written complaint containing details of the dispute and the relief sought must be submitted by the plaintiff to the appropriate court. After the court has issued a summons to the defendant, it informs them of the lawsuit.
The defendant has a specified period in which they can file a written response to the summons. The written statement allows the defendant to present their side of the case, raise defenses, and counter any claims made by the plaintiff. If necessary, the plaintiff may reply to the written statement.
To support their claims or defenses, parties must submit documents, witness statements, expert opinions, and other forms of evidence. Evidence plays a crucial role in civil proceedings. Upon receiving the evidence, the court determines whether it is admissible and relevant to the case.
5. Hearings and Arguments:
Upon completion of pleadings and submission of evidence, the court schedules hearings during which the parties present their arguments and clarify their positions. In addition to asking questions, examining witnesses, and seeking additional information during hearings, the parties may also present oral arguments in support of their arguments.
6. Appeals and Judgments:
After hearing all arguments and evidence, the court renders a judgment based on the facts of the case. The judgment outlines the court’s findings and determines the parties’ rights and liabilities. Dissatisfied parties have a right to appeal the decision within a specified timeframe to a higher court.
Several additional rules and regulations may be issued by the Supreme Court or other judicial bodies that provide additional guidance on specific procedural matters.