Civil Law and Procedure
Civil Law and Procedure
This domain tests the Muluki Civil Code 2074 and the Civil Procedure Code 2074: legal personality, capacity, juristic acts, limitation, jurisdiction, pleadings, trial, judgment, appeal and execution. Questions often combine a substantive right with a procedural step.
Core rules
- Jurisdiction depends on subject matter, territorial connection and pecuniary value.
- A plaint must state material facts, cause of action, jurisdiction and the relief sought.
- Issues are framed from the pleadings; each party proves the facts it asserts.
- Limitation bars the remedy and must be pleaded by the defendant where applicable.
- A judgment must be reasoned; appeal and execution follow the procedure code and the court hierarchy.
Worked example
P sues D for Rs 5,00,000 lent under a written agreement. D admits the signature but pleads repayment. P proves execution. The burden now shifts to D to prove repayment. If D gives only an uncorroborated oral assertion, repayment may remain unproved. If P filed after the limitation period, D must raise limitation; the court may dismiss the suit even if the debt was genuine. Court fee and valuation must also match the claim.
Traps
Filing in the wrong court, undervaluing the claim for court fee, omitting verification and failing to plead limitation are common losses. Do not treat an admission as conclusive on law. Do not assume possession or oral evidence alone proves title. Read the prayer carefully: a court cannot grant relief not sought unless the law permits amendment.