A court system is a network of courts that deal with legal cases and disputes. Its job is to interpret laws, deliver justice, and settle disagreements between individuals, groups, or the government. Courts are usually organized into different levels, like lower courts, higher courts, and special courts, based on the type and complexity of the case.
Part 10 Articles101 has provision relating to court hierarchy. According to article 101 (1) There shall be the following Courts in Nepal:
a) Supreme Court;
b) High Court;
c) District Court.
In addition to the courts referred above any other courts, judicial bodies or tribunals may be established and constituted by law for the purpose of trying and disposing cases of special types and nature.
CIVIL PROCEDURES IN NEPAL
It is the procedure governing the filling, processing and adjudication of civil actions. The legal procedures are the same whether the case is civil or criminal nature. Salmond described the following five processes for civil procedure, which are regarded and followed in the Nepalese legal system. The following steps come under the civil procedure,
a) Summon
To call the defendant party is the court is the first process after a case filed by the plaintiff. The notice is issued to the defendant, mentioning the subject- matter and time to be attended in the court. The notice is called summon.
b) Pleading
Both the parties have the right to prove their claim in front of the bench. Plantiff the first party, has the burden to prove his/ her claim and defendant the second party also has the right to prove his non acceptance with the help of evidence against the plaintiff. This kind of procedure of discussion is known as Pleading.
c) Proof
The physical evidence presented from the side of parties is called a proof. For example, witness, written document etc.
d) Judgement
The judicial authority of the court ( judges) gives verdict on a case on the basis of claims of the parties, legal provisions and examinations of the proof. It is final decision and binding to the parties.
e) Execution
The last process is to execute the verdict which is made by the court i.e. realization of debt, payment of fine, to keep in the prison etc. execution is the most important stage in the civil procedure, because the victim party gets relief or justice and the defaulter or culprit gets the punishment in reality.