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civil procedures for the injustice
with legal framework.
By
Amrit poudel
Civil procedure is the body of law that sets out
the rule & standards that court follows when
executing civil law suits.
These rule governs how a law suits or case may
be commenced what kind of service or process
is required & orders allowed in civil cases.
1. Filing of suit and its requirement
2. Notice to the defendant
3. Filing of defense
4. Date of presence
5. Power of attorney
6. Court’s order ( Inter- locatory, interim and final)
7. Collection of evidence
8. Statement of Purpose and witness
9. Postponement
10. Compromise of case
11. Judgment
 Generic term for any filing of a complaint aski
ng for legal redress by
judicial action, often called a "lawsuit
 A suit is an important organ of the case
 It is any proceeding by a party against other in
court of law.
 A lawsuit begin when the complain is filed.
 Name, surname; address of Plaintiff.
 Name,(father name, surname, if possible
VDC/Municipality telephone no, etc. of defendant)
 Name of the court
 The detail and situation of case.
 The fact constituting the cause of action and when it
arose.
 Relevant evidences.
 The Procedural law matters which Proceedings shall
take place.
 This shall be done according to schedule 4 of District
court Regulation,2052
 In civil case according to section 93 of CCMCC,
the notice should be given to defendant.
 The format of the notice should be according to
section 10 of CCMCC.
 Then there will be time limit of 30 days.
 Defendant should be presented within the time
table.
 He should file a statement of defence according to
section 128 of CCMCC.
 The unnecessary content in the statement of
defence shall not be entertained.
 SOD should contain
 detail information of plaintiff,
 facts in detail which is charged to him by plaintiff,
 Witness of related evidence
 At last there should be conclusion i.e. he should be free
from the blame made by plaintiff.
 A suit after SOD(Statement of defence) is
filled in court.
 Court examine the complain.
 Court tries to similarize the facts & conclude.
Both parties can agree or may not be
 if they don’t agree court fixed the judgement
date & conclude the result based on evidence
 A written document in which one person
(the principal) appoints another person to
act as an agent on his or her behalf, thus
conferring authority on the agent to
perform certain acts or functions on behalf
of the principal.
 The authority is given to another in case of
principal absence.
 Eg: To convey land, Receive debts, Sue, etc.
 It is the final order given by court/ judge.
 Types of order/decision:
 Inter-locutary order
 Interim order
 Final order
 Inter-locutary order is temporary order based on
related laws & bylaws. It has no effect on final
decision but may affect to conclude it.
 Interim order refers to an order issued by courts
during the pendency of litigation. It is also not a
final order but can hold the procedure until final
decision is made.
 Final order are those decision or judgement for the
termination of case. It can make win or loss to the
parties & it is final judgement to punish also.
•Related with law of evidence 2031
•Defendant must submit original evidence
•The purpose of the rules of evidence is
ultimately to be fair to both parties
 purpose of the witness statement is to provide
written evidence to support a party's case that
will, if necessary, be used as evidence in court.
 Section 12 of CCMCC has made legal provision
about postponement of the case
 The court will not conduct the postponement
hearing unless all parties to the matter and/or
all counsel whose appearances are entered in
the case are present.
 Compromise is the resolution of dispute by mutual agreement to
avoid lawsuit, public policy favors the settlement of disputes to
avoid lawsuit.
 Parties to conflict that might otherwise end up in court are
encouraged to resolve those conflicts by mutual agreement
through their attorneys, through mediators or even on their own.
 The terms of compromise or settlement do not necessarily need to
be equal.
 A settlement/compromise is considered as binding and the court
views it as final and conclusive until and unless there is evidence
of bad faith or fraud.
 It can be any form; verbal or written unless specified by court rule,
or any terms set by parties.
 After making compromise in the case, there is no provision of
appeal against such compromise. It means compromise is final.
 Defined as sentence or order of the court in a civil or criminal
proceedings.
 Is the statement given by the judge on the ground of order.
 It may be provided in either written or oral form depending upon
the circumstances.
 After the fulfillment of all types of procedure related with
respective dispute, a decision is rendered and based on it,
judgement is made which may be either win or loss for either
parties.
 It is the final part of court case. A valid judgment resolves all
debated issues and termination of lawsuit.
THANKYOU

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civil procedures for the injustice with legal framework.

  • 1. civil procedures for the injustice with legal framework. By Amrit poudel
  • 2. Civil procedure is the body of law that sets out the rule & standards that court follows when executing civil law suits. These rule governs how a law suits or case may be commenced what kind of service or process is required & orders allowed in civil cases.
  • 3. 1. Filing of suit and its requirement 2. Notice to the defendant 3. Filing of defense 4. Date of presence 5. Power of attorney 6. Court’s order ( Inter- locatory, interim and final) 7. Collection of evidence 8. Statement of Purpose and witness 9. Postponement 10. Compromise of case 11. Judgment
  • 4.  Generic term for any filing of a complaint aski ng for legal redress by judicial action, often called a "lawsuit  A suit is an important organ of the case  It is any proceeding by a party against other in court of law.  A lawsuit begin when the complain is filed.
  • 5.  Name, surname; address of Plaintiff.  Name,(father name, surname, if possible VDC/Municipality telephone no, etc. of defendant)  Name of the court  The detail and situation of case.  The fact constituting the cause of action and when it arose.  Relevant evidences.  The Procedural law matters which Proceedings shall take place.  This shall be done according to schedule 4 of District court Regulation,2052
  • 6.  In civil case according to section 93 of CCMCC, the notice should be given to defendant.  The format of the notice should be according to section 10 of CCMCC.  Then there will be time limit of 30 days.
  • 7.  Defendant should be presented within the time table.  He should file a statement of defence according to section 128 of CCMCC.  The unnecessary content in the statement of defence shall not be entertained.  SOD should contain  detail information of plaintiff,  facts in detail which is charged to him by plaintiff,  Witness of related evidence  At last there should be conclusion i.e. he should be free from the blame made by plaintiff.
  • 8.  A suit after SOD(Statement of defence) is filled in court.  Court examine the complain.  Court tries to similarize the facts & conclude. Both parties can agree or may not be  if they don’t agree court fixed the judgement date & conclude the result based on evidence
  • 9.  A written document in which one person (the principal) appoints another person to act as an agent on his or her behalf, thus conferring authority on the agent to perform certain acts or functions on behalf of the principal.  The authority is given to another in case of principal absence.  Eg: To convey land, Receive debts, Sue, etc.
  • 10.  It is the final order given by court/ judge.  Types of order/decision:  Inter-locutary order  Interim order  Final order
  • 11.  Inter-locutary order is temporary order based on related laws & bylaws. It has no effect on final decision but may affect to conclude it.  Interim order refers to an order issued by courts during the pendency of litigation. It is also not a final order but can hold the procedure until final decision is made.  Final order are those decision or judgement for the termination of case. It can make win or loss to the parties & it is final judgement to punish also.
  • 12. •Related with law of evidence 2031 •Defendant must submit original evidence •The purpose of the rules of evidence is ultimately to be fair to both parties
  • 13.  purpose of the witness statement is to provide written evidence to support a party's case that will, if necessary, be used as evidence in court.
  • 14.  Section 12 of CCMCC has made legal provision about postponement of the case  The court will not conduct the postponement hearing unless all parties to the matter and/or all counsel whose appearances are entered in the case are present.
  • 15.  Compromise is the resolution of dispute by mutual agreement to avoid lawsuit, public policy favors the settlement of disputes to avoid lawsuit.  Parties to conflict that might otherwise end up in court are encouraged to resolve those conflicts by mutual agreement through their attorneys, through mediators or even on their own.  The terms of compromise or settlement do not necessarily need to be equal.  A settlement/compromise is considered as binding and the court views it as final and conclusive until and unless there is evidence of bad faith or fraud.  It can be any form; verbal or written unless specified by court rule, or any terms set by parties.  After making compromise in the case, there is no provision of appeal against such compromise. It means compromise is final.
  • 16.  Defined as sentence or order of the court in a civil or criminal proceedings.  Is the statement given by the judge on the ground of order.  It may be provided in either written or oral form depending upon the circumstances.  After the fulfillment of all types of procedure related with respective dispute, a decision is rendered and based on it, judgement is made which may be either win or loss for either parties.  It is the final part of court case. A valid judgment resolves all debated issues and termination of lawsuit.