Court does not hear all the cases through
a single procedures. Based on the nature and complexity of case, different
types of procedures are adopted. According to the legal scenario of Nepal,
mainly three types of procedures are applied in the court when the cases is filed i.e. Summary Procedures, Special
Procedures and General Procedures. It can be said that application of general or regular
procedure is a rule and application of summary or special procedure is an
exception. Regular procedure is applied in all cases unless law prescribed
specific procedure for particular type of cases. The summary proceeding is
applied in various jurisdictions in minor cases. It is simple and speedy than
the regular procedure that is devised to avoid wastage of time in minor cases.
Special procedure is applied in
on the basis of nature, complexity and the impact of case in society.
General or regular procedure is
applied in all cases except otherwise prescribed by the law.(Muluki Civil code,
2074 section 3)
|
Basis |
Regular\General Procedure |
Summary Procedure |
Special Procedure |
|
Governing Law |
Civil Procedure Code, 2074 and Criminal Procedure Code, 2074 |
Summary Procedure Act, 2028 |
Special Court Act, 2059 |
|
Cases heard under the procedures |
All cases except otherwise provided by specific law. |
Section 3 of Summary Procedure Act, 2028 |
Specified by Government of Nepal through notification in Nepal Gazette |
|
Time limit of notice for submitting statement of defense. |
· Civil cases:
21 days’ time limit • Criminal cases listed under
schedule 1 and 2: arrest warrant with 35 days’ time limit. • Criminal cases in which
warrant is not issued: summon with 21 days’ time limit |
7 days. |
15 days if the defendant is within the country and 30 days if s\he is
outside the country. |
|
Extension of time limit of notice. |
15 Days(once) |
15 days(once) |
15 days (once) |
|
Extension of General Date (tarekh) |
21 days(two times) |
15 days(two times) |
15 days (once) |
|
Period for delivering judgment |
6, 12 or 18 months depending
upon nature of cases. |
90 days |
6 months |
|
Time limit of notice for appeal |
·
Civil cases: 30 days (extendable for 15
days) ·
Criminal Cases: 70 days (extendable for 30
days) |
30 days(extendable for 15 days) |
35 days(extendable for 15 days) |
|
Period for delivering judgment in appeal level |
6, 12, 18 months depending upon nature of case. |
90 days |
Three months |
|
Appointed date of appearance |
To be present |
Not necessary to be present with the permission of the court |
To be present |
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