Preamble: Whereas, the Nepal law on the provision of court fees previously
existing has applied only to the Kathmandu Valley is not adequate and it is
expedient to apply it also to other areas of …………..Nepal1, in order to maintain
order for the public interest and maintain the convenience of the citizens of
……………Nepal2;
Now, therefore, be it enacted and enforced by the Parliament in the Sixth
year of reign of His Majesty King Mahendra Bir Bikram Shah Dev.
Chapter-1
Preliminary
1. Short title, extension and commencement: (1) This Act may be called
as the “Nepal Court Fees Act, 2017 (1960)”.
(2) This Act shall extend throughout ………Nepal3.
(3) Sections 1 and 26, and Sub-section (2) of Section 4 of this Act
shall come into force immediately and the other Sections and Sub-sections
shall come into force in such areas and on such dates as the Government of
Nepal may appoint, by a Notification in the Nepal Gazette.4
2. Definitions: Unless the subject or the context otherwise requires, in this
Act,
1 Amended by the Republic Strengthening and Some Nepal Acts Amendment Act, 2066. 2 Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 3 Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 4 The remaining Sections, Sub-sections of the Act yet to be commenced were appointed to commence on
1 Poush 2021 throughout Nepal (Nepal Gazette of 2021.5.23.
www.lawcommission.gov.np
www.lawcommission.gov.np 3
(a) " Court fee" means such a fee as is chargeable and collected by a
court along with a plaint, complaint or appeal and with a petition for
review or revision as specified in this Act.
(b) ………..5
(c) ………...6
(d) "Suit (Nalesh)" means a plaint (Phiradpatra).
(e) "Complaint" means a submission for the institution of a case
originally, by a petition, instead of a plaint.
(f) "Court" means and includes the bench of an office or individual
authorized to carry out the functions of a court.
(g) "Tax (Tiro)" means the land revenue or land tax.
Chapter-2
Amount in question and offence to be set out
3. Case not to be filed without payment of court fee: Except as
otherwise mentioned in the other Sections of this Act, no court shall take a
suit or complaint or memorandum of appeal or petition for review or
revision, and proceed with the same without collecting the court fee as
specified by this Act.
4. Matters to be set out in making plaint or complaint: (1) In making a
suit or complaint of a case chargeable with court fees pursuant to this Act,
no suit or complaint shall lie if it does not clearly set out the cash value or
amount in question of the movable or immovable property where the suit or
complaints claims for the entitlement or disentitlement to such a movable
or immovable property or clearly set down the matter of claim where the
5 Deleted by the Repeal and Amendment Act, 2022. 6 Deleted by the Repeal and Amendment Act, 2022.
www.lawcommission.gov.np
www.lawcommission.gov.np 4
claim is only that any matter required to be done has not been done or any
matter required not to be done has been done or about to be done by
another person.
Provided that:
(1) In relation to a case for the execution and provision of
partition, a suit shall lie even if it does not set out the amount
in question. After it is found that partition has to be executed,
the amount in question/value shall be fixed upon taking an
inventory of the partition share to be partitioned indicating its
value and amount in accordance with the Nepal law and the
court fees shall be collected accordingly.
(2) Where, while making a suit or complaint, only a claim that
another person has not done any matter required to be done or
has done or is going to do any matter required not to be done
has been made in the beginning but it is required
subsequently to settle (Taikat) also the matter involving the
provision and recovery of a value and amount in question,
such a case shall not be tried without payment of the
chargeable court fees in relation to such a value and amount
in question.
(2)7 In setting out the value and amount in question pursuant to sub-
section (1), the value and amount in question shall be fixed as follows in
the case of a land or other immovable property:
(a) The value/price, if any, determined by the Government
of Nepal for the purpose of determining the
registration fee or amount of tax.
7 Amended by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 5
Provided that, where such a land or other
immovable property has been purchased and sold and
the price of the purchase and sale exceeds the value
determined for the purpose of registration fee or
amount of tax, the court fees shall be levied according
to the value or price set while making such a purchase
and sale.
(b) Where the value/price is not determined pursuant to Clause
(a) nor is the price of sale and purchase is set out, the locally
prevailing value.
Chapter-3
Determination of amount in question
and rate of court fees
5. Determination of value, amount in question: While determining the
value, amount in question in order to collect court fees, the value, amount
in question shall be determined as follows, in the following matters
including the matter of claim made by the plaintiff or for release from
claim:-
(a) Where the claim is for entitlement to cash or for disentitlement to
cash, according to the figure of cash as entitlement to which has to
be established or de-established,
(b) Where the claim is for the recovery of gold, silver, ornaments
(Jawaharat), utensils, livestock, grains, timber etc. movable property
or the disentitlement of a claim thereon, according to the figure upon
determining the value and amount in question of the property at the
www.lawcommission.gov.np
www.lawcommission.gov.np 6
rate of the property in question prevailing at the local village or
market,
Explanation: 8 If there arise any dispute as to the local village or
market price of the gold, silver or ornaments, the value or price
determined by any other bank or financial institution recognized by
the Nepal Rastra Bank or the Government of Nepal shall prevail.
(c) In relation to goods of which selling price or value is not prevailing
at the local village or market, according to the figure of value or
amount in question determined by the plaintiff,
(d) Where a claim is made on entitlement to an immovable property or
land or on disentitlement of right in such property, according to the
figure of value or amount in question as determined by the suit or
complaint maker pursuant to Sub-section (2) of Section 4,
(e) Where a claim is made on disentitlement of a secured farmer to the
right of secured farmer, half the value, amount in question of the
land as determined pursuant to Clause (d) shall be considered as its
value or amount in question, and according to that figure,
(f) …………….9
(g) …………….10
(h) ……………11
(i) Where a claim is made for crops yields of a land cultivated on half
crop-sharing basis or for disclaimer, according to the figure of
income of the half crops of a previous year in which a divine act
(Daibi) did not occur,
8 Inserted by the Third Amendment. 9 Deleted by the Third Amendment. 10 Deleted by the Third Amendment. 11 Deleted by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 7
(k) In a case claiming that the half crops of the land suffering a divine
act were not remitted, according to the figure, if any, specified that
the same need not be paid,
(l) Where a claim is made for a house (building), cartilage and crop
income, as well, or for disentitlement of right therein, according to
the value of the house at the rate prevailing at the local village,
market and the value as per that set forth in Clause (d) in the case of
cartilage and according to the claimed amount of crop income,
(m) ……………….12
(n) ………………13
(o) ………………..14
(p) In a case requesting for the remission of any thing other than the
crops of a land, according to the figure of amount in question
requested for remission,
(q) In a case requesting for entitlement to the function of Guthi,
Mahantyai, priest, store in-charge (Bhandare), Tahaluwa, server
(Susare) etc. or for disentitlement of right claimed therein or for
dismissal from the function, according to the figure of the residue or
surplus receivable upon operation of the Guthi, and where claim is
made for other, according to the value, amount in question of the
land where the land is assigned and that of one year's income
receivable where the land is not assigned,
(r) In a case claiming that a land was disentitled in an unauthorized
manner or that a land to which one is entitled was provided to
12 Deleted by the Third Amendment. 13 Deleted by the Third Amendment. 14 Deleted by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 8
another, according to the figure of tenant's share in crops (Mohiboti)
of one year,
(s) Where a claim is made that in making eviction (Pajani) of land, the
land was given to another, which should have been given to him or
her, according to the figure of such value of the claimed land as to be
set pursuant to Clause (d),
(t) Where a claim is made that eviction of land was made by an
unauthorized person (Betaluk), according to the figure of such value
of the land as to be set pursuant to Clause (d),
(u) Where a claim is made for entitlement to a contract amount or for
disentitlement of right therein, according to the figure of contract
amount for the years as so claimed and where a claim is made
against the loss of income, according to the figure of the loss of
income as claimed,
(v) The price or valuation of a mortgaged (Bandhaki) land etc. the right
or claim in which has not been given up shall be set as the amount in
question, and according to that figure,
(w) In a case involving a suit by a debtor for insolvency (Damashahi) or
specification of a repayment date (Bhakha), according to the figure
of the amount in question indicated by the debtor,
(x) In a case claiming that one has not paid or received a salary,
(Manachawal) or that the same should be allowed not to be paid,
where a land is claimed or claim is made that one be allowed not to
pay the same, according to the figure of the value to be set pursuant
to Clause (d) in the case of land, and according to the figure of the
value claimed where other cash or in-kind has been claimed,
www.lawcommission.gov.np
www.lawcommission.gov.np 9
(y) In a case claiming that one has not paid or received a salary,
allowance, installment, food allowance, Jyuni, alimony or that
arrangement be made for the non-payment of the same, according to
the figure thereof for one year, upon determining such figure,
(z) Where a claim is made for wages loss (damage) or compensation,
according to the amount in question so claimed and in a case
requesting for authorization for the non-payment of the same,
according to the figure of the amount in question so requested for
authorization for non-payment,
(aa) Where a claim is made for, Naso deposit or guarantee, according to
the amount in question so claimed and in a case requesting for
authorization for the non-payment of the same, according to the
figure of the amount in question so requested for authorization for
non-payment,
(bb) Where many matters including principal, profit, interest, land crops,
yields, house, shop, rent thereof and movable and immovable
property, cash, in-kind are claimed or a request is made for ordering
non-payment of the same, according to the figure of the price, value
to be set pursuant to Clause (d) in the case of land, and according to
the figure of price and amount in question thereof in the case of
other sum, profit, interest, rent, income, cash and in-kind,
(cc) Where a suit or complaint is made claiming principal and interest as
well, court fees shall be charged according to the figure of interest to
be accrued up to the date of such a suit or complaint, and if the
interest is recoverable thereafter and up to the date of judgment,
court fees chargeable on the interest from the date of making of the
plaint or complaint to the date of final judgment shall be recovered
when the amount in question is recovered,
www.lawcommission.gov.np
www.lawcommission.gov.np 10
(dd) In determining the amount in question of the goods the recovery
whereof is requested for by making a suit or complaint as per the
rate prevailing at the local village or market, then the value or
amount in question thereof shall be set out in the complaint at the
rate prevailing at the place of payment where a deed or contract is
available to the effect that payment thereof shall be made at that
place at the rate prevailing at the time of making suit, and failing
such a contract, as per the rate prevailing at the village or market of
the place where the price is fixed or of the place where it has to be to
be received or taken and court fees collected accordingly; and if the
price or value so set out seems doubtful, the suit or complaint
hearing authority may ascertain the matter upon inquiring thereinto,
(ee) Where a claim is made for the establishment of right in a land or for
the registration or transmission of a land or voiding the registration
or transmission of a land, court fees shall be charged according to
the figure of the value or amount in question of the land to be set
pursuant to Clause (d), in the case of claim for the establishment of
the right in the land, and court fee of One Hundred Rupees15 shall be
charged in the case of the claim for the registration or transmission
or voiding the registration, transmission.
6. Rate of court fee: In hearing a suit in a case charged with the court fee,
there shall be charged the court fee as follows:
(a) In a case involving a claim in, or request for disentitlement of claim
in,……….16 in accordance with the following in each case according
to the figure of value or amount in question:
(1) …………...17
15 Amended by the Third Amendment. 16 Deleted by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 11
(2) 18 Rs.100.00 (One Hundred Rupees) for the first Rs. 2,000.00
(Two Thousand Rupees),
(3) Up to Rs.25,000.00 (Twenty-five Thousand Rupees), at the
rate of Four percent for the second up to Rs. 23,000.00
(Thirty Three Thousand Rupees),
(4) Up to Rs.100,000.00 (One Hundred Thousand Rupees), at the
rate of Three percent for the third up to Rs. 75,000.00
(Seventy Five Thousand Rupees),
(5) Up to Rs.250,000.00 (Two Hundred Fifty Thousand Rupees),
at the rate of Two percent for the fourth up to Rs. 150,000.00
(One Hundred Fifty Thousand Rupees),
(6) In the case of more than Rs.250,000.00 (Two Hundred Fifty
Thousand Rupees), at the rate of One and half percent for the
over and above figure.
(b) In the following cases where the amount in question is not set out,
and despite that the amount in question is set out, the prevailing law
provides for specific punishment but not according to the value or
amount in question and where punishment is imposable at the
discretion according to offence, the following court fees in relation
to each case:
(1) Rs. 1,00.00 (One Hundred Rupees)19 in relation to each case
requesting for the establishment of the figure of partition
share only, without involving the recovery of partition, or for
settlement without establishing the right in partition or for
ascertaining the portion of share only,
17 Deleted by the Third Amendment. 18 Amended by the Third Amendment. 19 Amended by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 12
(2) Rs. 1,00.00 (One Hundred Rupees)20 in relation to each case,
also out of the following cases:
(1) Requesting for the voidance of bonds, deeds,
(2) Claiming that a deed executed in household and
required to be registered has not been caused to be
registered, and requesting for the execution of
registration thereof,
(3) Claiming that a receipt was not given upon payment,
and requesting for the execution of the receipt thereof,
(4) Claiming that a bond, deed of date of repayment
(Bhakapatra), guarantee letter (Jamanipatra), bond,
receipt etc, was not voided upon the completion of act
of receiving and giving or that a receipt was not given,
(5) Requesting for the eviction of any person staying in a
land, house or shop or for an order against the eviction,
(6) Claiming that counterpart (Dohori) documents
duplicates required to have been made were not made
and requesting for the execution of the same,
(7) Requesting that amount be recalculated, upon being
dissatisfied with the amount calculated,
(8) Claiming that one has not been allowed to make a
barrage, ditch or course or to carry water through the
same or that another person has not been involved in
making the same,
20 Amended by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 13
(9) Claiming that one has not been allowed to irrigate a
land with the water carried through a barrage, ditch or
course,
(10) Claiming that, in irrigating a land, one should have
done so in according to roll order, but one whose turn
is later has taken water and irrigated one's land earlier,
and then requesting for an order requiring irrigation of
land according to roll order or that water be provided,
(11) Claiming that one has closed or not allowed to open an
exit, door, veranda, passage, window, and then
requesting that the same be ordered to be opened or
closed,
(12) Claiming that one has not allowed to install an
window, door, veranda, exit and add a storey, and then
requesting that the complaint be allowed to install the
same or that the exit be closed,
(13) Claiming that registration, transmission be effected or
the effected registration, transmission be voided,
without a claim for the establishment of the right in a
land, and
(14) Requesting for the issuance of an injunction ordering
someone to refrain from doing a specific act.
(3) 21 Notwithstanding anything contained in Clause (2), where the
right in any movable or immovable property has to be
established or de-established by the plea of the defendant or
21 Inserted by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 14
opponent, the court fee as referred to in Clause (a) shall be
charged.
(c) Where, on a suit or complaint of partition case requesting for the
execution of partition by taking an inventory of properties (Tayadati)
because of the amount in question not being set out, after it is held
that one is entitled to partition and the amount in question is set out
upon taking the inventory of properties, the court fee shall be
charged according to the amount in question. Deduction shall be
made from the court fees paid in making a suit as referred to in Sub-
clause (1) of Clause (b), and the shortfall shall be recovered
subsequently, and surplus amount, if any, shall be refunded.
(d) Even in relation to a case tried summarily (Thado Karbahi) by a
complaint, it shall be filed only upon collecting the court fee as if a
suit were filed. No such complaint shall be tried if the court fee is
not paid.
(e) The whole court fee shall be charged even in relation to a suit or
complaint made by or against a woman or minor.
7. Provisions on levying court fee in some cases: (1) Where it appears
that, if the claim made by the plaintiff on the same suit is sustained, one or
more than one defendant are liable to punishment according to the value or
amount in question and one or more than one defendant are liable to
punishment according to the offence or to both punishments, the court fee
shall be levied according to the figure of the value, amount in question in
the case of punishment to be imposed according to the value, amount in
question, according to the punishment of offence in the case of punishment
to be imposed according to the offence, and according to that of both in the
case of both punishments to be imposed.
www.lawcommission.gov.np
www.lawcommission.gov.np 15
(2) Where a suit or complaint is made for the provision of partition
and the amount in question of some is set out and that of some is not set
out, the whole court fee shall be levied to the extent of the amount in
question so set out, and the court fee of One Hundred Rupees shall be
levied in relation to that portion of which amount in question is not set out,
and the remaining shall be recovered subsequently as mentioned in Clause
(c) of Section 6.
(3) If, in collecting the court fee, some denomination less than Paisa
has also to be collected according to the calculation of the court fee, such
denomination shall not be collected.
8. Fee for statement of defense (Pratiuttar Patra): In making a statement
of defense on a case chargeable with the court fee, the fee for the statement
of defense leviable pursuant to the prevailing law cannot be waived, and on
a case in which a statement of defense is not required to be made and which
is inquired summarily (Thado Karbhi), the fee for the statement of
defendant is not chargeable on the defendant.
Chapter-4
Exemption and non-exemption of punishment
9. Punishment not required to be imposed: In a case chargeable with the
court fee pursuant to this Act, no punishment imposable by the other
prevailing law, other than the punishment that cannot be exempted by
virtue of Section 10, shall be imposed. If the plaintiff wins the case, the
plaintiff shall be entitled to the recovery of such court fee, as well as the
amount in question, paid or held to be payable by the plaintiff as held
recoverable by the plaintiff from the losing defendant. If the plaintiff loses
the case, the plaintiff shall not be entitled to have the recovery of the court
fee paid by him or her from the defendant; and where the case has been
www.lawcommission.gov.np
www.lawcommission.gov.np 16
filed without collection of the court fee or without collection of the whole
court fee, then judgment has to be made that the court fee that remains
recoverable upon deducting the paid court fee be recoverable from the party
who is liable to pay the same pursuant to this Act and recovery thereof shall
be made in accordance with this Act.
10. Punishment cannot be exempted despite payment of court fee: (1)
In spite of the court fee being chargeable, no punishment imposable for
omission to do any act required to be done under, or for doing any act
prohibited by, or default on giving any thing required to be given by, the
prevailing Nepal law, including the matters set forth below shall be
exempted:
(a) Punishment as referred to in law imposable on a
person who makes a suit or complaint that can be
made pursuant to the prevailing law, but upon
producing a document that does not meet the
requirements prescribed by the prevailing law.
(b) Punishment imposable on a person who fails to give a
counterpart (Dohori) document or slip as required to
be given or otherwise makes difference in witness and
contents in a counterpart document.
(2) If the prevailing Nepal law provides for punishment to the
publicly inquired persons who have been subpoenaed for evidence on a
case chargeable with the court fee for having made false deposition
(perjury), or being failure to appear within the time-limit, such punishment
cannot be exempted.
(3) Any punishment imposable by the prevailing law on a person
who, consequent to a judgment on a case chargeable with the court fee,
www.lawcommission.gov.np
www.lawcommission.gov.np 17
does not do any act required to be done pursuant to the prevailing law, or
causes obstruction in the recovery of the amount in question, in the
foreclosure and does any forceful act in that course and conceals property
cannot be exempted.
11. When case is dismissed, canceled or compromised: (1) No fee for
compromise (Baksauni) shall be charged on a case filed upon paying, or on
the condition of the payment of, the whole court fee, and if that case is
dismissed, canceled (Kharej), no punishment shall be imposed for the
same.
(2) Where a case chargeable with the court fee has been filed
without collecting the court fee is to be compromised in accordance with
the prevailing law, compromise can be executed only upon collecting the
remaining shortfall court fee, upon deducting the court fee paid from the
court fee chargeable on the matters to be compromised payment, from the
plaintiff or appellant. Where a case is dismissed or canceled (Kharej), the
remaining shortfall court fee, upon deducting the court fee paid from the
court fee chargeable pursuant to this Act, shall be recovered from the
plaintiff or appellant in accordance with this Act.
(3) Despite that a case is dismissed or canceled after the filing of the
case upon charging the court fee or subject to the payment of the court fee,
no court fee already collected or about to be collected can be refunded or
waived in any case. However, where such a case is compromised, only half
the total figure of the court fee chargeable by this Act shall be collected,
and surplus court fee collected, if any, shall be refunded and the remaining,
if any, unchargeable shall be remitted.
Provided that, in the event of cancellation of a case, if the case could
not be instituted by the very writing of the suit or complaint but it appears
that the case was filed by collecting the court fee by mistake of the court,
www.lawcommission.gov.np
www.lawcommission.gov.np 18
the court fee remaining upon deducting the suit fee (Nales Dastur)
chargeable pursuant to the prevailing law22 shall be refunded.
(4) Where a case which has already been dismissed, canceled or
compromised in accordance with the procedures prescribed by law is
revived in any manner and retried by a complaint of the litigant, the litigant
on the complaint of whom the case is so retried shall pay again the court fee
chargeable by this Act at the original or appellate level at which the case is
being tried.
12. Security chargeable for giving attorney not to be collected: If, on a
case chargeable with the court fee, in which attorney may be appointed, any
attorney is appointed by the plaintiff or defendant or both, no security
chargeable by the prevailing Nepal law for appointing the attorney shall be
collected.
13. 23 Ten percent fee, Five percent fee and Jitauri: (1) Where Ten percent
(Dashaud) fee is chargeable by the prevailing Nepal law in executing the
recovery of the amount in question or foreclosure, no Ten percent fee shall
be collected on a case charged with the court fee.
24Provided that, in the case of a party in relation to whom the case
trying officer or judge has executed a memorandum pursuant to Section 23
to the effect that the party is not able to pay the court fee, no fee as referred
to in this Sub-section shall be collected from that party in executing the
recovery of the amount in question valued up to Rs. 5,000.00 (Five
Thousand Rupees) or in foreclosing any property valued up to Rs. 5,000.00
(Five Thousand Rupees).
22 Amended by the Third Amendment. 23 Amended by the Second Amendment. 24 Inserted by Some Nepal Acts (Amendment) Act, 2043.
www.lawcommission.gov.np
www.lawcommission.gov.np 19
(2) No Jitauri and royalty (Salami) chargeable by the prevailing
Nepal law shall be collected on a case charged with the court fee.
(3) No Ten percent fee chargeable by the prevailing Nepal law shall
be collected while executing the recovery of the amount in question or
foreclosing any property on a case charged with the court fee.
Chapter-5
Provisions on collection of less or more court fee
14. Provisions relating to where suit or complaint or memorandum of
appeal mentions lesser court fee and where more court fee is
collected: (1) A case chargeable with the court fee shall be filed by
collecting the chargeable court fee by determining the value, amount in
question according to what is mentioned in the suit or memorandum of
appeal tendered for filing or in a complaint or statement on a case tried
summarily or directly.
(2) Where a party, with intent to pay less court fee, does not show
the correct value, amount in question but shows more value, amount in
question, and a complaint is filed on that matter and upon an inquiry into
the matter, it is so held, the shortfall court fee shall be collected
subsequently in accordance with Sub-section (10), and the party shall also
be punished in accordance with this Act.
(3) Where it appears that the party tenders lesser court fee than that
chargeable according to the writing of a suit, complaint or memorandum of
appeal filed on a case chargeable with the court fee, the case can be filed
only upon payment of the shortfall court fee. If the party, being unable to
pay the court fee, makes a submission for a time-limit for payment of the
same and the period of limitation for making suit, complaint or appeal is
www.lawcommission.gov.np
www.lawcommission.gov.np 20
less than Fifteen days, the court may extend the time for up to Fifteen days
running from that remaining period. In the event of failure to pay the court
fee within that time-limit, no suit or memorandum of appeal or complaint
shall lie.
(4) If the court knows in any manner or it is held, after the filing of
case, that the court fee that is lesser than that to be collected according to
the writing of a suit, complaint or memorandum of appeal has been
collected or paid, the court shall give an order slip to the concerned party to
pay the short fall amount of court fee within a time-limit not exceeding
Fifteen days. In the event of failure to pay the court fee, the court shall void
the suit or complaint or memorandum of appeal.
(5)25 If it appears that more court fee than that required has been
collected from any litigant, the excess court fee shall be refunded to the
litigant in accordance with this Act. In having the recovery of the court fee
by a litigant who has filed a suit on payment of the court fee and won the
case from the losing litigant, that winning litigant is entitled to the recovery
of only the court fee that is chargeable on the case. In refunding the court
fee upon finding that more court fee has been paid, a memorandum shall be
executed indicating that such-and-such amount has been paid instead of
such-and-such as chargeable and such-and-such excess is to be refunded,
and recorded in the case-file.
(6) Where, after the collection of the court fee by determining the
value, amount in question according to the writing set down by the plaintiff
or appellant, a complaint is made that lesser court fee has been charged or
though a complaint is not made, more value, amount in question appears
from the evidence recorded on the case-file, and it appears that lesser value,
amount in question is shown in order to charge lesser court fee,
25 Amended by the Nepal Court Fee (Amendment) Act, 2020.
www.lawcommission.gov.np
www.lawcommission.gov.np 21
adjudicating authority or judge shall personally or through other employee
subordinate to him or her determine or cause to be determined again the
court fee of such lesser value, amount in question,26 and take action,
pursuant to Sub-section (10), against one who has shown such lesser value,
amount in question for having shown the value, amount in question of
lesser court fee, and the case cannot be instituted and shall be canceled in
the event of failure to pay the shortfall court fee within the time-limit
specified pursuant to Sub-section (3).
(7) Where, on a suit or complaint made indicating the value, amount
in question, for making partition, the court fee has been charged according
to the value, amount in question as so indicated and shown but when having
execution of the recovery of partition share, the party is entitled to more
partition share than that so indicated and shown, the remaining court fee
shall be recovered at the time of executing the recovery of partition share,
after the judgment on the case.
(8) In examining the case-file by the official empowered to do so or
also by the appeal hearing official on a case appealed, such official shall
examine whether the required court fee has been collected or not, and if it
appears that lesser court fee has been collected, such official shall order to
collect the shortfall court fee from the plaintiff or appellant in accordance
with Sub-section (3). In the event of failure to pay the court fee within the
specified time-limit, such case shall be canceled (rejected). The concerned
employee of the court shall be liable to action as referred to in this Sub-
section (14).
(9) If a party who is not satisfied with the court fee as determined by
the court makes a complaint with the appeal hearing authority within Three
days excluding the time required for journey where the party has not yet
26 Inserted by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 22
paid the court fee as determined and prior to the passing of judgment on the
case on which the court fee has been paid where the court fee so determined
has already been paid, the appeal hearing court shall inquire into the matter
and ascertain the matter within the time-limit of Seven days specified for
payment of the same, whichever is earlier, and punish the concerned
employee of the court who has collected or determined the court fee in
accordance with Sub-section (14) if it is held that more court fee has been
collected or determined and punish the complainant with a fine at the rate
of Fifteen percent of the figure as alleged to have been collected or
determined in excess if it is held that the court fee has been collected or
determined correctly and that the complaint is false. Where a suit,
complaint or appeal is tendered for filing, accompanied by the court fee as
held chargeable, within Three days, excluding the time required for
journey, after the date of settlement of a complaint made that excess court
fee has been determined, the limitation cannot expire where the suit,
complaint or appeal was earlier tendered for filing with the competent court
within the limitation as referred to in the prevailing law, and the official of
the court shall set down that matter as well as all other required matters on
the heading of the suit or complaint and sign it and file the case, and record
it on case-file, accompanied by an evidence of the settlement of complaint.
(10) One who files a case showing lesser value, amount in question
in order to pay lesser the court fee shall be liable to the following
consequences:
(a) If, upon inquiring into the matter by a complaint of the
opponent, a party is held to have shown and set down
lesser value, amount in question, the party who has so
shown and set down lesser value, amount in question
shall, despite that the party wins the case on the
www.lawcommission.gov.np
www.lawcommission.gov.np 23
judgment of the case, not be entitled to have recovery
of that court fee so paid subsequently from the person
who has provided that such lesser court fee has been
shown and set down and lost the case.
(b) If, upon inquiring into the matter by a complaint of any
person other than the opponent or also upon examining
even without a complaint, a party is held to have
shown and set down lesser value, amount in question
in order to pay lesser court fee, the party who has so
shown and set down lesser value, amount in question
shall be liable to a fine of One Tenth (1/10th) of the
court fee so lessened and to a fine of One Twentieth
(1/20th) in the case as referred to in Clause (a).
(c) If it appears that the court itself knowingly or having
reason to know has collected the court fee that is lesser
than that chargeable, the plaint or appellant shall not
be liable to the fine.
(11) In giving a notice process as mentioned in this Section for the
payment of the short fall court fee where lesser court fee has been collected,
it shall be written in the heading or margin of the notice process so given
that the notice process corresponding there has been received on such-and-
such date, which shall be signed by the recipient plaintiff or appellant or his
or her attorney, and where such plaintiff or appellant are not on
recognizance, the notice process shall be served in accordance with the
procedures to be followed while serving a process or summons, and one
copy of the served notice process shall be recorded on the case file.
(12) Where the shortfall court fee so appearing has been collected or
excess court fee refunded after the filing of a case upon paying the court
www.lawcommission.gov.np
www.lawcommission.gov.np 24
fee, the same matter shall be indicated in the receipt issued against
collection of the court fee earlier.
(13) Where a complaint is made claiming that lesser value, amount
in question has been shown and set down in order to pay lesser court fee,
and upon inquiring into the matter, it is not held that the value, amount in
question has been so lessened, the false complainant shall be liable to a fine
of Five percent of the court fee alleged to have been lessened.
(14) Legal action shall be taken against the employee of the court
who knowingly collects more or less court fee than that chargeable, and
where the case in relation to which less court fee has been so collected has
already bee adjudged finally or the time-limit for making appeal has already
expired, the amount of court fee omitted shall be recovered from such
person who has so omitted to collect.
Explanation: The term "knowingly" mentioned in this Sub-section means
non-collection or excess collection of the court fee of the amount in
question as shown from the writing of a suit or complaint or memorandum
of appeal or from the evidence, in accordance with this Act.
Chapter-6
Recovery of court fee
15. Execution of recovery of court fee: (1) If the plaintiff or appellant
wins a case filed upon payment of the chargeable court fee, he or she shall
be entitled to the recovery of the court fee paid by him or her from the
losing party.
(2) In executing the recovery of the court fee to the plaintiff on a
case containing Two or more defendants, the court fee shall be recovered,
in relation to the recovery of the amount in question, according to the
www.lawcommission.gov.np
www.lawcommission.gov.np 25
respective figure of amount in question to be recoverable from each of the
defendants, and in relation to the disentitlement or relinquishment of right
or claim, according to the amount of respective disentitlement or
relinquishment from each of the defendants, and in relating to the other
matters or amounts, the court fee shall be recovered on pro rata from the
losing parties.
(3)27 Where a case chargeable with the court fee has been filed
without payment of the court fee, the court fee as held to be chargeable on
the plaintiff or appellant winning the case shall be recovered from the
opposite party as a fine, penalty.
(4) Where the plaintiff or appellant makes claims on several matters
and wins on some and loses on others, he or she shall not be entitled to
recover the court fee on the matters lost from his or her opponent.
(5) Where the plaintiff or appellant loses a case filed without
payment of the court fee or on payment of partial court fee, the chargeable
court fee shall be recovered from the losing plaintiff or appellant.
(6) If the plaintiff loses a partition case filed on payment of the court
fee of One Hundred Rupees28 or on payment of partial court fee, the
remaining chargeable court fee shall be recovered from the plaintiff, upon
deducting the collected court fee from the court fee chargeable according to
the amount in question.
(7) Despite that the defendant or opponent dies prior to the recovery
of the court fee recoverable to the plaintiff or appellant, the plaintiff or
appellant shall be entitle to recover the same from the inheritor of such a
defendant or opponent.
27 Amended by Some Nepal Acts (Amendment) Act, 2043. 28 Amended by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 26
(8) If, on a case requesting for insolvency or giving a date for
repayment, the defendant creditor agrees thereto and insolvency or a date
for repayment is made or given, the plaintiff debtor shall, despite winning
the case, not be entitled to have the recovery of the court fee from the
defendant. If the defendant creditor pleas that insolvency or a date for
repayment should not be made or given and the plaintiff wins the case, the
court fee shall be caused to be recovered from the losing defendant to the
plaintiff.
(9) If the plaintiff or appellant wins a partition case on which amount
in question is not set out or any other case filed upon payment of partial
court fee or without payment of the court fee at all and the winning plaintiff
makes an application within the time-limit specified by the prevailing law,
requesting for the recovery of amount in question to which he or she is
entitled, the remaining court fee upon deducting the court fee already
collected on filing the suit or complaint or memorandum of appeal from the
property of the defendant attached for the amount in question recoverable
by the plaintiff shall be recovered or realized, and the surplus amount shall
be recovered to the plaintiff in consideration for the amount in question,
upon collecting the fee chargeable for the court fee. Where an application is
not made within the time-limit as referred to in the prevailing law for the
recovery or after the application has been made for recovery the plaintiff
gives up in the meantime, within Fifteen days after the expiration of the
time-limit for making application or after the expiration of the time-limit
for the extension of the expired appointed date for appearance after the
making of application, the property of the defendant shall be attached in the
sum of the court fee due and recoverable on the case, in addition to the
figure of the amount in question held recoverable by the plaintiff from the
defendant, and the court fee shall be recovered accordingly. The remaining
www.lawcommission.gov.np
www.lawcommission.gov.np 27
court fee not recovered from the attachment of the property of the
defendant shall be recovered from the attachment of the property of the
plaintiff.
(10) If such court fee or fee as held recoverable by the winner from
the loser or as recovered from the plaintiff himself or herself pursuant to
Sub-section (9) cannot be recovered in full from the attachment of the
property of the loser, and the winner makes an application,29 showing any
property, within Two years, for the recovery of the remaining court fee or
fee, and it is held that the loser has such property, the recovery of the same
shall be executed as if it were the recovery of the court fee or fee originally.
(11) In requesting for the recovery of such fee, court fee, amount in
question as held to be recoverable30from the loser, one application may be
made for the recovery of the court fee as held to be recoverable or the fee,
charge paid on the case, after the expiration of the time-limit for making
appeal or after the settlement of appeal thereby ruling out the possibility of
appeal complaint. Provided that such an application has to be made no later
than Two years31 after the date of final judgment.
(12) If the defendant who makes an appeal upon furnishing the
security of the court fee held to be recoverable by the plaintiff loses and the
original verdict is upheld, even though the plaintiff does not make an
application for the recovery at the same time of the court fee which has
been furnished as security by the defendant in making appeal as well as the
amount in question and fee pursuant to Sub-section (11) but for the
recovery of only the money furnished as security for the court fee in
making such an appeal, the recovery shall be executed in accordance with
the procedures as referred to in the prevailing Nepal law.
29 Amended by the Second Amendment. 30 Amended by the Second Amendment. 31 Amended by Some Nepal Acts (Amendment) Act, 2043.
www.lawcommission.gov.np
www.lawcommission.gov.np 28
(13) In executing the recovery of such amount in question or court
fee and other fee or charge levied on the case as held to be recoverable, the
recovery of the amount in question shall be executed only after executing
the recovery of the court fee and fee or charge.
(14) If, prior to making an application by the winner, the judgment
debtor appears to pay all moneys required to be paid by him or her within
the time-limit for making an application for recovery, the court shall
receive the same and give a receipt thereof, and credit the same to the
deposit revenue, and post a time-limit notice/process within Three days,
indicating that the judgment holder is thereby required to appear within the
time-limit as referred to in the prevailing law and that recovery of the same
cannot be executed and it shall be as per the prevailing law, after the expiry
of the time-limit, and the recovery shall be executed and receipt given if the
judgment holder appears to receive the same within the time-limited; and if
the judgment holder, despite getting such notice, does not appear within the
time-limit, the money remaining upon deducting any money, if any,
chargeable under this Act, from the same shall be dealt with in accordance
with the prevailing Nepal law.
16. Recovery of expenses from losing party to winning party: (1) 32 If
the plaintiff or appellate making a suit or complaint or appeal wins the case,
he or she shall be entitled to have recovery from the defendant or opponent
the summons, process and duplicate fees paid by him or her and such legal
practitioner's fee, reasonable expenses incurred for experts, witnesses and
attorneys as may be recoverable pursuant to the prevailing laws and such
other expenses as well, as appear reasonable from the case-file, and if the
plaintiff or appellate loses and the defendant or opponent wins the case, the
defendant or opponent shall be entitled to the recovery of the above-
32 Amended by Some Nepal Acts (Amendment) Act, 2043.
www.lawcommission.gov.np
www.lawcommission.gov.np 29
mentioned fee, charge or expenses required to be paid by him or her from
the losing plaintiff or appellant.
(2) If the case is canceled (rejected) or dismissed by virtue of the
suit, complaint being incapable of being tried since only the plaintiff gives
up the recognizance while the defendant is in attendance on the appointed
dates, the defendant shall be entitled to have the recovery of the fee
chargeable on him or her from the plaintiff.
17. Refund of court fee: (1) If the party entitled to the refund of such court
fee as held to be refundable appears to have refund of the same within Two
years after that date on which such refund is so held, and it is required to
wait until the time-limit for appeal, the refunding court shall, subject to the
budget provision, refund or cause to be refunded the moneys from the
income reserve of the court, after the expiration of the time-limit for
making appeal. If the income reserve does not allow for making such a
refund, the sanction of the remaining amount shall be obtained and refund
made accordingly.
(2) After the refund required to be made has been pursuant to Sub-
section (1), the matter that such-and-such more court fee or such-and such-
court fee held to be refundable has been refunded on such-and-such date
shall be set down in the receipt issued against payment of the court fee
earlier, and the receipt shall be signed by the refund maker.
Chapter-7
Provisions relating to court fee on making appeal
18. Court fee chargeable on making appeal: (1) On making an appeal the
following provisions shall apply to the following matters, and the fee for
memorandum of appeal shall not be charged:
www.lawcommission.gov.np
www.lawcommission.gov.np 30
(a) In making an appeal on a case in which the amount in
question is set out, the court fee shall be charged on
appeals of all levels at the rate of 15 (Fifteen) percent
of such court fee as is chargeable, while making a suit
or complaint originally, on those matters on which
appeal is made upon being dissatisfied therewith.
(b) If, in a partition case filed upon payment of the court
fee of 33One Hundred Rupees only, the plaintiff loses
the case upon being held to be entitled to the claimed
partition and makes appeal and the amount in question
is not set out, the court fee equivalent to that
chargeable originally shall be charged on appeal of any
level.
(2) Only after the payment of such court fee as held to be payable to
the plaintiff and the specified penalty, fine by the appellant defendant who
has, on the first appeal, lost the case and made appeal and after payment of
such court fee as held to be payable and the specified penalty, fine by the
plaintiff who has lost the case filed without payment of the court fee and
made appeal or only after furnishing a wealth guarantee in consideration for
the same, and an appeal has to be made subsequently, such appeal may lie
only after making payment of what is required as per the judgment of first
appeal or furnishing a wealth guarantee for the same.
(3) If an appeal, complaint is made upon paying the court fee or
subject to the payment of the court fee and the appellant litigant loses the
case upon the verdict of the lower court being upheld, the litigant shall not
liable to other punishment for making such an appeal.
33 Amended by the Second Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 31
(4) If the appellant litigant wins the case in whole or in part, the
litigant shall be entitled to the recovery of such court fee as held chargeable
on the matter won by and paid by him or her from the losing opponent.
Such court fee, penalty and fine as paid or furnished as security on making
appeal and held refundable shall also be refunded in accordance with the
procedures as referred to in the prevailing Nepal law.
Chapter-8
Miscellaneous
19. Court fee chargeable on review or revision: (1) In making a petition
to the court competent to do so by the prevailing law for the review (re-
examining) or revision (revisiting the verdict) of a case, no action shall be
taken on the petition for review or revision unless and until such court fee
or charge or penalty as chargeable by the judgment for the review or
revision of which the petition is made is paid or any other provision made
by law in relation thereto is made.
(2) If an order is made for review or revision, the court fee shall be
paid at the rate of 10 (Ten) percent of the court fee chargeable on making a
suit in the original court or after judgment.
(3) If, in making review or revision, the petitioner if wins the case
partly or wholly, it shall be equivalent to the case appealed pursuant to Sub-
section (4) of Section 18.
20.34 Collection of court fee in cash: (1) In collecting and giving the court fee
on a case chargeable with the court fee, it shall be collected and given in
cash.
34 Amended by the Nepal Court Fee (Amendment) Act, 2020.
www.lawcommission.gov.np
www.lawcommission.gov.np 32
(2) After collecting the court fee pursuant to Sub-section (1), the
court shall credit the same to its cash book, duly prepare a receipt thereof in
duplicate, give one copy receipt to the litigant paying the court fee and
retain the other copy of receipt in the concerned case-file.
(3) After examining a suit or complaint or appeal chargeable with
the court fee and upon finding it to be capable of being file, the concerned
official shall get it to be signed and mention on the top of the deed that
such-and-such court fee has been collected and clearly mention that so
much has been collected out of so much as required where court fee has not
been collected at all or full court fee has not been collected originally, and
duly sign the same.
(4) The Registrar of the Supreme Court or other officer designated
by him35 or her and the chief officer of any other court shall on daily basis
examine, or cause to be examined, whether such court fee as leviable on a
case chargeable with the court fee has been collected properly or not and
where the income of collected court fee has been maintained or recorded or
not, and indicate the proof of examination. No case may be entered on the
diary unless and until examination is made whether the court fee is credited
to the revenue book and proof thereof is indicated.
(5) It shall be the duty of the Supreme Court to examine, or cause to
be examined, each year the matters including whether the sub-ordinate
courts have collected such court fee as required to be collected and income
of collected court fee has been credited to income or not.
(6) Where a case has been filed without collecting the court fee
leviable pursuant to this Act or the security fee and judgment on it has also
been made and the court fee could not be recovered from the litigant, then
35 Amended by the Third Amendment.
www.lawcommission.gov.np
www.lawcommission.gov.np 33
legal action shall be taken against the employee who have collected less or
more court fee for that loss in relation to the court fee not recovered.
(7) The court inspecting authority shall examine and inquire whether
the court fee has been collected in full and the court fee has been credited in
accordance with this Act or not, and if appears in order, the authority shall
indicate the same, and if it appears that the court fee has not been collected
in full or the court fee required to be credited has not been credited, the
authority shall take required action against those who fail to do so, in
accordance with the prevailing law; and after an appeal, compliant is made
on a case chargeable with the court fee and the case-file is submitted to the
appeal hearing court, that court shall also examine the above-mentioned
matters. If some defects or irregularities are found, the appeal hearing
authority who makes examination of courts shall set down the matter found
and date and sign the same and submit that matter to the Supreme Court.
(8) In relation to the cases filed prior to the commencement of this
Act, the then prevailing law shall apply, and the court fee as referred to in
this Act shall not be levied on such cases.
21. Procedures to be followed while recovering remaining court fee:
In recovering the remaining court fee, the recovery shall be made by taking
action as if it were a court penalty, fine.
22.36 Register of court fee to be maintained: There shall be a duly
established and maintained register clearly showing cash figure of court fee,
and indicating how much court fee has been collected from whom on which
case.
36 Amended by the Nepal Court Fee (Amendment) Act, 2020.
www.lawcommission.gov.np
www.lawcommission.gov.np 34
23.37 Cases of those unable to pay court fee may be tried:
Notwithstanding anything contained in the other Sections of this Act, the
Adjudicating Authority or judge may, in the following circumstance, and
for reasons to be recorded in a memorandum, order to file a suit, complaint,
memorandum of appeal or petition for review or revision, subject to the
collection of whole or some of the court fee subsequently:
(a) If the Adjudicating Authority or judge has any reasonable ground to
believe that the person making a suit, complaint, memorandum of
appeal or petition for review or revision, being indigent, is not able
to pay whole or some of the court fee,
(b) If it is recommended by the concerned Village Development
Committee or Municipality that the person making a suit, complaint,
memorandum of appeal or petition for review or revision has no
other asset other than the goods in dispute and is thus unable to pay
the court fee or the Adjudicating Authority or judge has any
reasonable ground to believe that matter.
24. This Act to prevail: (1) This Act shall not apply to sate cases and
criminal cases as referred to in the then prevailing Nepal law.38
(2) If any local self-governance body is conferred the powers of
court by any Nepal law or in accordance with Nepal law, such a body shall
not be entitled to use this Act.
25. Power to frame Rules: The Government of Nepal may frame Rules in
order to accomplish the objectives of this Act.
26. This Act or Rules under this Act to prevail, and repeal: (1) The
Khadga Nisana Sanad of 8 Marg 1999 and of 17 Shrawan 200 in relation
37 Amended by the Third Amendment. 38 Amended by the Repeal and Amendment Act, 2022.
www.lawcommission.gov.np
www.lawcommission.gov.np 35
to the court fee shall and the Act of 28 Number of the Chapter on
Punishment are hereby repealed with effect from the date of
commencement of this Act.
(2) The matters contained in this Act or the Rules framed under this
Act shall be governed by this Act or the Rules and the other matters shall
be governed by the prevailing Nepal law.
27. Power to remove difficulties: (1) If there arises any difficulty with the
implementation of the objectives of this Act, the Government of Nepal
may, by a Notification in the Nepal gazette, issue necessary order in order
to remove such difficulties, and such an order……………39 shall be
deemed to have been contained in this Act.
(2) ………………….40
39 Deleted by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047. 40 Deleted by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
