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Chapter-7 Provisions relating to court fee on making appeal

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:

(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.

(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.

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