Summary Procedures Act, 2028 (1972)â
Summary Procedures Act, 2028 (1972) Date of Authentication and Publication 2028.12.20 (2 April 1972)
1. Act (Amending) Some Nepal Acts,
2043(1986) 2043.7.24(10 Nov. 1986)
2. Act (Amending) Some Nepal Acts Relating
to Court Proceedings, 2047 (1990) 2047.4.10(25 July 1990)
3. Act Amending Some Nepal Acts,
2048(1992) 2049.1.8(20 April 1992)
4 1 . Republic Strengthening and Some Nepal
Laws Amendment Act, 2066(2010) 2066.10.7(21 Jan. 2010)
Act Number 17 of the year 2028 (1972)
Preamble : Whereas, it is expedient to provide for prompt disposal of small
cases by following summary procedures;
Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has,
on the advice and with the consent of the National Panchayat, made this Act.
1. Short Title, Extension And Commencement
1) This Act may be called as âSummary Procedures Act, 2028 (1972)â.
(2) It shall come into force in such area and on such date as may be specified by the Government of Nepal by publishing a notice in the Nepal Gazette.
2. Definitions : Unless the subject or the context otherwise requires, in this Act:
(a) “Complaint” means a lawsuit and this term also includes a police report in a criminal case.
(b) “Case” means a case set forth in Section 3 that is to be tried and settled pursuant to this Act.
(c) “Court” includes the case trying authority or office.
3. Cases To Be Tried Pursuant To This Act
(1) 4 In taking original action and appeal action on any of the following cases to be filed after the commencement of this Act, the procedures as referred to in this Act shall be followed:
(a) Cases set forth in Schedule-1, or
(b) Civil cases involving the value/price or claimed amount valued at a maximum of One Thousand
Rupees or criminal cases carrying a fine of a maximum of One Thousand Rupees or
imprisonment for a term not exceeding Six months or both punishments, other than those set forth in
(2) Notwithstanding anything contained in Sub-section (1), where any special procedure has been provided by any Act in relation to any cases, nothing contained in this Act shall be deemed to have affected such procedures.
(3) If there arises any question relating to fraud, forgery or coercion from the statement or note of defense of the defendant in any case, the question shall also be decided by the same case upon fulfilling
the procedures set forth in Number 78 of the Chapter on Court Proceedings of the Muluki Ain.
4. Complaints : If any person does not file a plaint but makes a petition setting out evidence, the court shall take action upon the petition also taking statement if so required.
(1) Upon the filing of a complaint in any case, the court shall examine the following matters in that respect:
(a) Whether the claim of the plaintiff or the accusation intended to be made by the plaintiff against the
defendant is based on law or not?
(b) Whether the evidences presented or intended to be presented by the plaintiff are relevant in the case or
not and whether the evidences are adequate to prove the matters set forth in the complaint or not?
(2) If, in making examination pursuant to Sub-section (1), the court finds that the complaint of the plaintiff cannot sustain or the matters set forth in the complaint cannot be proved because of absence
of reliable or adequate evidence, it may cancel the complaint also mention the reason for the same.
(3) Except in cases where the complaint is to be canceled pursuant to Sub-section (2), the court shall:
(a) Take action upon immediately taking statement of the defendant if he or she is present in the court.
Provided that, if the defendant refuses to make statement immediately but intends to submit a
note of defense, a time-limit of Seven days shall be given to him or her.
(b) Issue a summons or process within Three days in the name of the defendant if he or she is not present
in the court.
(4) In cases where the court itself is to institute action under any law, if it appears from the immediately available evidence in a case that a case has to be instituted against any person, the court shall execute a
memorandum mentioning the following matters and take action pursuant to Clauses (a) and (b) of Sub-section (3):
(a) Full name and address of the defendant,
(b) Reason for instituting case, and
(c) Evidence relating thereto.
6. Duplicates Of Complaint And Documentary Evidence To Be Givenâ to Defendant
(1) If the defendant is in police custody on a case
instituted by the police, the concerned police office shall give duplicate
copy of the complaint and each of the documentary evidences relating
thereto to the defendant immediately on the filing of the complaint.
(2) In a case instituted pursuant to Sub-section (4) of Section 5,
the court shall give duplicate copies of each of the memorandum set
forth in that Sub-section and documentary evidence relating thereto to
the defendant prior to taking his or her statement or send them along
with the summons or process.
(3) In cases other than those set forth in Sub-sections (1) and (2),
the plaintiff shall submit to the court along with the complaint duplicate
copies of the complaint and documentary evidence relating thereto at the
rate of one copy for each plaintiff, and the court shall send the duplicates
along with the summons or process to the defendant.
Provided that, it will suffice to submit or send only one duplicate
copy of the complaint and documentary evidence relating thereto
irrespective of the number of defendants living in the joint family.
(4) Where proceedings of a case have been instituted without
giving or sending duplicate copies required to be given or sent to the
defendant pursuant to this Section, the proceedings shall be voided.
(5) Where a summons or process has been posted pursuant to
Sub-section (2) of Section 7, the person serving the summons or process
shall return the duplicate copies sent along with the summons or process
to the court, and the defendant may at any time receive the duplicate
copies from the court
7. Summons Or Process
(1) The court shall, in issuing the summons or process pursuant to this Act, issue the same in the format specified in
(2) 5 If, in serving the summons or process issued pursuant to Sub-section (1), the defendant or any member of his or her joint family is not found or his or her home address cannot be traced, the summons
or process shall be posted at the office of Village Development
Committee in the case of rural area and at any public place of the
concerned ward in the place of home of the defendant in the case of
municipal area, in presence of a member or representative of the
concerned Village Development Committee or Municipality or any two
local persons, and after being so posted, the summons or process shall
be deemed to have been duly served.
Provided that, where the defendant or his or her home has not
been found due to the fact that the plaintiff has written down a false
address or a false address has been mentioned by the court, the summons
or process shall not be deemed to have been duly served merely by the
reason that it has been posted pursuant to this Section.
(3) The employee who goes to serve the summons or process as
referred to in Section has to serve the summons or process within Two
days excluding the time required for journey; and if, except for any
reasonable reason, there has been a delay in the service of the summons
or process, the court may punish him or her with a fine not exceeding
Twenty Five Rupees.
8. Time-limit, Date Appointed For Presence
(1) No time-limit, date appointed for presence that has expired in any case instituted pursuant to
this Act shall be subject to extension.
(a) If the court thinks that the time-limit or date appointed for presence has expired due to a
circumstance beyond control of the party, it may extend the time-limit or date appointed for presence
for a maximum of Fifteen days at One time or Two times.
(b) The matters set forth in numbers 62 and 175 of the Chapter on Court Proceedings of the Muluki Ain
shall be governed thereby accordingly.
(2) In issuing the summons or process in the name of a defendant, the time-limit of Seven days excluding the time required for journey shall be given.
9. Special Provision For Submission Of Evidence By Others Onâ behalf Of Absent Defendant
(1) If any heir of the joint family of a defendant, showing any reason that the defendant cannot make defense
within the time-limit of the process issued pursuant to Section 7 in any civil case, submits any evidence refuting the claim of the plaintiff within Seven days after the date of the expiration of that time-limit, the court
shall dispose the case also examining that evidence.
(2) If any person, showing any reason that the defendant cannot make presence in the court or submit note of defense within the time- limit of the summons issued pursuant to Section 7 in any criminal case, submits any evidence refuting the complaint within Seven days after the date of the expiration of that time-limit, the court shall dispose the case also examining that evidence.
10. Period For Disposal Of Cases
(1) Cases shall be disposed within Ninety days after the submission of the note of defense or after the
taking of statement where the statement has been taken and after the expiration of the time-limit for the submission of the note of defense or taking statement where the note of defense has not been submitted or
statement has not been taken.
(2) Notwithstanding anything contained in Sub-section (1) in relation to the time for disposal of cases, the cases have to be disposed within Three days after the date when the cases have become mature for disposal prior to that time.
Provided that, cases may not be disposed prior to the expiration of the time-limit of extension of the time-limit or date appointed for presence pursuant to Section 8 and the time-limit within which evidence can be submitted on behalf of the absent defendant pursuant to Section 9.
11. Not Required To Appear On Date Appointed For Presence Afterâ examination Of Evidence
(1) After the court has examined the evidences of both the plaintiff and the defendant, any party may, if he or
she so wishes, may not appear on the date appointed for presence with the leave of the court.
(2) Even though, after the submission of his or her evidences by the plaintiff, he or she alone or the defendant as well has expired the date appointed for presence, judgment shall not be passed dismissing the case, and the case shall be adjudged based on the evidences that have been examined
11a.â Time-limit For Appeal
(1) After a case has been adjudged by the court, the judgment shall be read out to the present disputant, and the
matter whether appeal can be made against the judgment or not shall be set out, and if appeal can be made, the name of the appeal hearing court shall also be set out, and the disputant shall be caused to execute a deed
to the effect that he or she has heard the judgment.
(2) Where the disputant is not present at the time of making judgment, the case disposing court shall immediately issue a process in the name of the disputant setting out the contents of the judgment of the case and where the judgment is appealable, the name of the court hearing appeal.
(3) The disputant may make an appeal against the judgment on the matters with which he or she is not satisfied within Thirty days, where, in an appealable case, the disputant has appeared in the case
disposing court and heard the judgment pursuant to Sub-section (1), after the date of hearing of judgment and after the date of the service of the process where the process of appeal has been issued pursuant to Sub-
section because the disputant has not appeared. No appeal shall lie after the expiration of the said time-limit.
(4) Where the time-limit of appeal as required to be given pursuant to Sub-section (2) has not been given by the court, the time- limit for making appeal shall be set after the date of payment by the disputant of the imposed penalty, fine or the date of obtaining the duplicate of copy of judgment, whichever date occurs earlier
11b.period For Disposal Of Appeal
(1) In disposing an appeal, it shall be disposed within Ninety days after the date of submission of the case-file
of the case disposed at the first instance.
(2) Notwithstanding anything contained in Sub-section (1) in relation to the disposal of appeal, appeals have to be disposed within Three days after the date when the appeals have become mature for disposal prior to that time
12. Where Procedures As Referred To In This Act Not Required To Beâ followed Or Not To Be Followed
(1) If it appears in the course of taking action on a case that the case does not appear to fall under this Act, the court shall, upon executing a memorandum along with the reason, following general procedures as referred to in the other prevailing Nepal laws in relation to the remaining proceedings of the case.
(2) If it appears that some matters of a case fall under this Act and the procedures as referred to in the other prevailing Nepal law in relation to some matters, the procedures as referred to in the other prevailing law shall be followed in relation to all matters of the case.
13. Power To Frame Rules
13. Power to frame Rules : The Government of Nepal may, on the advice of the Supreme Court, frame Rules to implement the objectives of this Act.
14. Saving And Repeal
(1) If general procedures as referred to in the other prevailing Nepal law have been followed in a case where the procedures as referred to in this Act have to be followed, the action already taken shall not be voided only by that reason.
(2) The other matters relating to the procedures other than those set forth in this Act and the Rules framed under this Act on a case to be tried under this Act shall be governed by the prevailing Nepal laws.
(3) The following Nepal Acts are hereby repealed:
(a) The phrase “action relating to the offense under this Act shall be taken through summary inquiry”
contained in Sub-section (2) of Section 10 of the Statistics Act, 2015 (1958).
(b) The word “summary” contained in Section 12 and Section 26 of the Land Acquisition Act, 2018.
(b) Cases under the Chapter on Wages.
(c) Cases under the Chapter on Paupers.
(d) Cases under the Chapter on Lost and Found of Quadruplets.
(e) Cases under Numbers 8 and 9 of the Chapter on Construction of
(f) Cases relating to the maintenance according to income and status
under Number 4 of the Chapter on Husband and Wife.
(g) Cases relating to the maintenance according to income and status
under Number 10 of the Chapter on Partition.
(h) Cases under the Chapter on Pledge and Bailment, other than the
cases under Number 5 of that Chapter.
(i) Cases relating to preemption under the Chapter on Monetary
(j) Cases under Numbers 3 and 4 of the Chapter on Undue
(k) Cases under Number 7 of the Chapter on Medical Treatment.
18. Cases under the Gambling Act, 2020.
(Relating to Clause (b) of Sub-section (1) of Section 3
1. Any other cases relating to immovable property other than the cases set forth in Schedule-1.
2. Cases relating to right of way.
3. Cases relating to partition or inheritance.
4. Cases relating to the matter prying for the setting of relationship.
5. Cases relating to the crime of sexual intercourse.
6. Cases relating to any type of theft.
7. Cases relating to forgery or fraud except where action has been
instituted pursuant to Sub-section (3) of Section 3.
(Relating to Sub-section (1) of Section 7)
A Seven-day summons or process issued by â¦â¦..court/office in the name of
defendantâ¦â¦â¦â¦., a resident ofâ¦â¦place
Whereas, Mr. /Msâ¦â¦â¦â¦â¦â¦â¦, a resident ofâ¦â¦â¦â¦..place has made a
complaint/statement/plaint in this office/court on the case ofâ¦.. against
youâ¦â¦â¦ on â¦â¦â¦â¦date;
Now, therefore, duplicate copies of the complaint/statement/plaint and
documentary evidences relating thereto are hereby herewith sent to you. You
are hereby require to make presence in person or send your attorney along with
power of attorney to make presence in this office/court, along with the originals
or duplicates of your documentary evidences and one duplicate copy each of
the evidences to make defense, statement or note of defense within Seven days
excluding time required for journey. Action shall be taken accordingly.
Done onâ¦.day of the month ofâ¦â¦.of the yearâ¦â¦â¦
(Source: Nepal Law Commission)
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