Section 2: Definitions

Unless the subject or the context otherwise requires, in this Code, definitions:

(a) “court” means the Supreme Court, High Court or District Court, and this term also includes any other court, judicial body or authority empowered by law to proceed, hear and adjudicate any specific type of civil cases;

(b) “law” means a law for the time being in force;

(c) “endorsement” means an order made and signed by the concerned officer, on the reverse side or any other part of a document or on a separate paper, specifying the ground and reason why such a document is incapable of being registered pursuant to law;

(d) “Civil case” means a case related to a legal right, obligation, status, post, family relation or property, other than a case defined by law as a criminal case, and includes a case on any of the following matters:

(1) Establishment of relationship, or divorce,

(2) Fee, remuneration, salary, allowance or wage,

(3) Partition, succession, donation, gift, guardian, curator, paternal authority, adoption,

(4) Any right or claim under any contract, quasi-contract or unjust enrichment,

(5) Any right or claim relating to tort, quasi-tort or defective product,

(6) Servitude,

(7) Compensation,

(8) Any other matter of civil nature.

(e) “judge” means the authority of a court to proceed, hear and adjudicate a case, and also includes an authority competent to proceed, hear and adjudicate a civil case;

(f) “Memorandum of appeal” means a petition, accompanied by his or her pleas, made by a person who is not satisfied with a decision of a lower court to a higher court for the correction of the decision;

(g) “Statement of defense” (note of defense) means a written response admitting or rebutting the claims set forth in the plaint and submitted to the court, and also includes a statement equivalent to a note of defense;

(h) “counterclaim” means a claim made by the defendant on the claim made by the plaintiff;

(i) “defendant” means a person who submits a note of defense, and also includes a person who makes a statement as if he or she were a defendant or a person who has been set by the court to be a defendant;

(j) “plaint” means a complaint, lawsuit, claim or petition made by a person praying for the establishment of his or her right, interest or concern, or execution of his or her claim, on any matter, and also includes a deposition equivalent to a plaint, or a counterclaim set forth in the statement of defense;

(k) “Case-file” means a file related to a case maintained in a court, recording a plaint, statement of defense, memorandum of appeal, petition, and the proof and evidence and other document related thereto;

(l) “case” means a civil case;

(m) “process” means a notice or subpoena issued by a court in the name of any person in the course of proceedings of a case;

(n) “person” means a natural person, and this term also includes a legal person;

(o) “plaintiff” means a person who files a plaint;

(p) “Local Level” means a Rural Municipality (Gownpalika) or a Municipality;

(q) “property” means a movable or immovable property.