BALLB- PRINCIPLES OF CIVIL PROCEDURE

 Procedural laws comprise set-up rules that govern the court's proceedings in criminal lawsuits as well as civil and administrative proceedings. Procedural law is the medium to attain the objective of substantive law. Procedural law is also known as remedial law. The principles of civil procedure are mentioned in chapter-2, Sections 4-15 in the civil procedures act, 2074. They have been individually described below;

1. Principles to be followed in civil cases: The court shall generally follow the principles and provisions set forth in this Chapter in proceedings, hearing and adjudicating cases.

2. Hearing to be held in open bench: Except as otherwise provided in law or ordered by the court on a petition by a party to a case, the case shall be proceeded, heard and adjudicated in open bench.

3. Hearing to be made by the competent court: Only the court empowered by law shall proceed, hear, and adjudicate any case.

4. Question of entitlement or disentitlement to be settled by the court only: (1) If there arises a question of entitlement or disentitlement on any matter, such a question shall be settled by the regular court only. 

Explanation: For the purposes of this Act, the term “regular court” means the District Court, High Court, and Supreme Court.

(2) If, in proceeding any case sub-judice in a court or body other than the regular court, it appears that any other matter should be proceeded, heard and adjudicated only after the settlement of the question of entitlement or disentitlement, the concerned authority shall order the parties to have such a question settled by the regular court.

5. Dispute relating to legal status to be settled by the regular court only: Any dispute related to the settlement of a relationship, divorce or legal status of any person shall be settled by the regular court only

6. Status of parties to be equal: (1) In proceeding, hearing and adjudicating a case, the status of parties to the case shall be equal.

(1) The court shall accord equal treatment to each party to a case.

(2) If in the course of the proceedings of a case, The Government of Nepal or anybody thereof or any legal person appears before the court as a plaintiff or defendant, except as otherwise provided for in law or ordered by the court, the Government of Nepal, such a body or a person shall not be entitled to claim any separate status, facility, privilege, immunity or exemption in their course of such proceedings.

7. One to have locus standi to make plaint: A person who intends to file a plaint in the court shall set down in the plaint that he or she is entitled to make any claim or has lawful interest or concern in such a claim, and show his or her locus standi.

8. Jurisdiction not to be in a vacuum: There shall be a court or an authority with jurisdiction specified by law for the filing, proceedings, hearing, and adjudicating of any case.

9. Not to be allowed to avoid making decisions: (1) No judge may avoid deciding a case on the grounds that laws are inadequate or unclear.

(2) If there exist circumstances referred to in subsection (1), the decision shall be made based on the recognized principles of law and justice.

10. Opportunity to be given for compromise or mediation: (1) Before passing a judgement in any case, the court shall allow the parties to compromise such a case or enter into a compromise by following the mediation procedures.

(2) If in giving an opportunity pursuant to sub-section (1), the parties agree to enter into compromise or have recourse to the procedures of mediation, the case shall be capable of being compromised or compromised through mediation, irrespective of the level trying the case.

11. Principle of res judicata to be followed: Once a case is filed and adjudged, the court shall not hear and adjudges the case involving the same matter and the same plaintiff and defendant more than once, except for an appeal made in the case or non-execution of the deed of compromise.

12. Right of appeal: In a case in which any court has passed judgement or final order and made a settlement upon original proceedings and hearing it, a person who is not satisfied shall have the right to make an appeal in the concerned appeal hearing court in accordance with the law.