Appellate Proceedings in Nepal explain the legal process for challenging a judgment, decision, or final order before a competent higher court. This guide covers appellate procedure in Nepal, appellate jurisdiction, civil and criminal appeal time limits, appeal filing requirements, notice to respondents, मिसिल झिकाउने, appeal hearings, and possible appellate outcomes under Nepal's prevailing laws.
Appellate proceedings in Nepal are the legal procedures through which a party dissatisfied with a judgment, decision, or final order of a court or other legally authorized adjudicating body seeks review by the competent appellate court. An appeal allows the higher court to examine whether the lower court correctly applied the law, properly evaluated the evidence, and reached a legally sustainable conclusion.
The right to appeal is not unlimited or automatic in every case. It exists where the Constitution or prevailing law provides an appeal, and the appeal must be filed before the court having appellate jurisdiction and within the prescribed limitation period.
Nepal's judicial structure consists of the Supreme Court, High Courts, and District Courts, together with judicial and quasi-judicial bodies established under law. The Constitution recognizes the Supreme Court, High Courts and District Courts as the principal courts of Nepal and provides the constitutional framework for their jurisdiction.
This article explains the appellate procedure in Nepal, including appellate jurisdiction, limitation periods, filing of an appeal, service of notice, calling of the case file (misil jhikaune), hearing of the appeal, written response by the respondent, and the possible outcome of appellate proceedings. Adalat Lawyers in Nepal.
An appeal (पुनरावेदन) is a legal proceeding through which a party dissatisfied with a judgment or final order challenges that decision before the court legally authorized to hear the appeal.
The National Civil Procedure Code, 2074 defines an appeal petition as an application submitted before a higher court, setting out the appellant's grounds for seeking correction of the lower court's decision.
In simple terms:
If a party believes that the lower court made an error in law, fact, evidence, procedure, or relief, the party may challenge the decision through an appeal where the law permits an appeal.
An appeal is therefore different from filing a new case. The appellate court generally examines the legality and correctness of the decision challenged before it, according to the applicable law and appellate procedure.
The principal legal sources governing appellate proceedings include:
The Nepal Law Commission publishes the prevailing legislation, including the National Civil Procedure Code, National Criminal Procedure Code and Judicial Administration Act.
Appellate jurisdiction depends on which body made the original decision, the nature of the case, the applicable statute, and the level of court competent to hear the appeal.
It is therefore incorrect to state that every decision of every District Court automatically goes to the High Court or that every High Court decision automatically goes to the Supreme Court. The applicable statute determines whether an appeal lies and, if so, where it must be filed.
District Courts exercise appellate jurisdiction in matters specifically assigned to them by law.
Under the Administration of justice Act, 2073, District Courts have jurisdiction in prescribed appeals against decisions or final orders made by judicial bodies, quasi-judicial bodies, or officials, including matters arising under applicable federal or provincial law.
Therefore, a District Court may function not only as a court of first instance but also as an appellate court in cases where legislation expressly confers appellate jurisdiction upon it.
The High Court is an important appellate court in Nepal.
Under Section 8 of the Administration of Justice Act, 2073, the High Court has appellate jurisdiction over, among other matters:
The High Court Rules, 2073 also provide procedural arrangements for registration and hearing of appeals. Appeals registered as appeals are ordinarily heard by a joint bench under the Rules.
The Supreme Court is the highest court of Nepal and has appellate jurisdiction in cases prescribed by the Constitution and federal law.
Article 133 of the Constitution provides the Supreme Court with appellate jurisdiction and other powers, including hearing appeals from matters originally heard and decided by the High Court, subject to constitutional and statutory requirements.
The Supreme Court may also exercise jurisdiction concerning:
The precise availability of an appeal to the Supreme Court depends on the nature of the decision and the statutory provisions governing that particular case.
A particularly important distinction should be made between an ordinary appeal and a challenge to a High Court decision rendered in its writ jurisdiction.
The High Court exercises writ jurisdiction under Article 144 of the Constitution. It may issue appropriate orders, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto, where the constitutional conditions are satisfied.
An ordinary appeal does not generally lie against a High Court's final decision rendered in its writ jurisdiction under Article 144.
The Supreme Court has explained that, in appropriate circumstances prescribed by law, a High Court decision in writ jurisdiction may be subject to the Supreme Court's reconsideration/rehearing jurisdiction under Section 12 of the Administration of Justice Act, 2073, rather than an ordinary appeal under Section 9.
Accordingly, the correct legal position is:
Not every High Court judgment is appealable to the Supreme Court as of right. The availability and nature of further remedy depend upon the jurisdiction in which the High Court decided the matter and the applicable law.
One of the most important aspects of appellate proceedings is the limitation period.
A party must file the appeal within the statutory period. Failure to comply with the prescribed limitation can result in rejection of the appeal unless the applicable law permits extension or restoration of the limitation period on legally sufficient grounds.
Section 134 of the National Criminal Procedure (Code) Act, 2074 provides that a party dissatisfied with a judgment or final order may appeal:
If an appeal could not be filed within the prescribed period for a reasonable cause, the appellate court may, upon application and where the reason is found reasonable, extend the period by up to 30 days.
Therefore, the commonly stated proposition that “all criminal appeals must be filed within 70 days” is incorrect.
Section 134 further provides rules for determining when the party is deemed to have knowledge of the judgment.
Where the party, their authorized representative, or their legal practitioner was present during the hearing and the judgment was delivered on the same day, the party is generally deemed to have known of the judgment.
For a Government-plaintiff case, the period begins from the date of receiving information of the judgment as provided by Section 132(4).
In addition, after one year from the date of the judgment, the party is deemed to have automatically known of the judgment.
The Supreme Court has also considered the meaning of "knowledge of the judgment" in relation to computation of the appeal period.
Section 205 of the National Civil Procedure (Code) Act, 2074 provides that, unless otherwise provided by the Code or another applicable law, a party dissatisfied with a judgment of the court of first instance may file an appeal within 30 days from the date on which the party is deemed to have known of the judgment.
Where the party or their authorized representative is present in court and hears the judgment, the limitation is calculated according to the statutory provisions.
Where the party is absent and notice of the judgment is served, the appeal period is calculated from the date of service of that notice.
Where neither the required acknowledgment of hearing the judgment has been made nor the judgment notice has been served, Section 205 contains a special rule permitting an appeal within 30 days from obtaining a copy of the judgment, subject to the statutory six-month framework prescribed by that section.
The starting point of limitation depends upon the applicable procedural law and the circumstances in which the judgment was communicated or deemed to have been known.
The following situations are particularly important:
If the party or authorized representative is present and legally deemed to have received knowledge of the judgment, the limitation period begins according to the relevant statutory provision.
If the party was absent and the court serves notice of the judgment, the date of service becomes relevant for calculating the appeal period.
In circumstances specifically covered by the National Civil Procedure Code, where the judgment was not heard or notice was not served, the date of obtaining the judgment copy may become relevant to the calculation of the appeal period.
In criminal cases, after one year from the date of judgment, the party is legally deemed to have known of the judgment under Section 134(4) of the National Criminal Procedure Code.
An appeal must be filed before the court legally competent to hear the appeal.
The Civil Procedure Code specifically provides that an appeal should be registered in the appellate court competent to hear an appeal from the court that rendered the challenged decision.
However, the law also permits certain appeals to be filed through the court that rendered the original judgment.
Under Section 210 of the National Civil Procedure Code, an appeal may also be registered through the court that rendered the judgment.
After completing the prescribed procedure, that court must forward the appeal and relevant case file to the competent appellate court within the statutory period.
In criminal cases, a convicted person who is in prison may, in accordance with Section 135 of the National Criminal Procedure Code, submit an appeal through the prison.
The prison or the court receiving the appeal must forward it to the competent appellate court as prescribed by law.
Special provisions apply where a government employee wishes to file an appeal concerning their rights or interests but cannot personally appear before the appellate court because of official duties.
Under Section 211 of the National Civil Procedure Code, such a government employee may, subject to the statutory conditions, register the appeal through the competent appellate court within the area where the employee is serving or, where applicable, through the District Court.
The receiving court must complete the prescribed registration procedure and forward the appeal to the competent appellate court. law firm in Nepal.
A properly prepared appeal should satisfy the statutory requirements.
In a civil case, the appeal must generally:
Section 208 of the National Civil Procedure Code requires the appeal to be prepared in the prescribed form and written in respectful language, with necessary documents supporting the grounds of appeal. Section 209 provides for registration before the competent appellate court.
Section 136 of the National Criminal Procedure Code requires a criminal appeal to be prepared in the prescribed format.
The appeal should include, among other matters:
A copy of the judgment being challenged must be attached. Where a sentence has been imposed, the required evidence concerning imprisonment, payment, bail, or security must also be submitted as prescribed by law.
Before registration, the court examines whether:
Under the National Civil Procedure Code, the appellate court may refuse registration and endorse the appeal with reasons where the statutory requirements have not been fulfilled.
Therefore, merely preparing an appeal petition is not sufficient. The appellant must ensure that the appeal is properly registered within the statutory period.
The appellate process generally proceeds through several stages.
The appellant files the appeal before the competent appellate court or through a legally authorized filing route.
The court checks limitation, fees, form, documents and other procedural requirements.
If the requirements are satisfied, the appeal is registered.
After registration, the appellate court calls for the original case file (misil) from the lower court.
In civil appeals, Section 212 of the National Civil Procedure Code requires the appellate court to write to the concerned court to send the case file within the prescribed period. The lower court must then forward the file within the statutory period.
This process is commonly referred to as मिसिल झिकाउने.
Once the case file is received, the appellate court examines whether the lower court's decision appears likely to require interference.
Under Section 213 of the National Civil Procedure Code, if the appellate court considers that the lower court's decision is unlikely to change, it may proceed accordingly.
If the appellate court considers that the lower court's decision may require alteration, it may order the respondent to appear for hearing.
If the appellate court orders the respondent to appear, the respondent is served with the prescribed notice.
The Civil Procedure Code provides a 15-day period, excluding the period required for the journey, for the respondent to appear following such an order.
The notice may be served directly by the appellate court or through the court that decided the original case, according to the applicable procedure.
After receiving the notice, the respondent may appear and submit a written response or defense to the appeal.
The respondent may contest:
The respondent may also participate in the proceedings according to the applicable procedural law.
After the procedural requirements have been completed, the appellate court fixes the matter for hearing.
Under the Civil Procedure Code, even if the respondent does not appear after proper service of notice, the appellate court is required to proceed with the hearing in accordance with law.
The appellate court may examine:
An appellate court may, depending on the applicable law and circumstances:
If the appellate court finds that the lower court's judgment is legally and factually sustainable, it may uphold or confirm the judgment.
The High Court Rules, 2073 expressly provide a format for confirming a lower court judgment where the basis and reasoning of the original decision are found reasonable and no order to call the respondent is necessary.
If the appellate court finds that the lower court made a material legal or factual error, it may reverse the decision to the extent permitted by law.
The appellate court may modify only a part of the judgment while maintaining the remaining portion.
Where legally appropriate, the appellate court may send the matter back to the lower court for further proceedings or determination.
Where the appeal is legally unsustainable, barred, procedurally defective, or otherwise fails on its merits, the appellate court may dismiss it.
The right to appeal depends on statute.
In civil matters, Section 206 of the Civil Procedure Code specifies circumstances in which an appeal cannot be filed, including certain cases where a party:
subject to the statutory exception where dismissal itself was irregular.
The position in criminal cases is governed by the Criminal Procedure Code and other applicable laws, and the civil restrictions should not simply be imported into criminal proceedings.
Under Section 134 of the National Criminal Procedure Code, where a criminal appeal could not be filed within the prescribed period for a reasonable cause, the appellate court may extend the limitation by up to 30 days, if the application and reasons are found reasonable.
Civil limitation and extension are governed by the National Civil Procedure Code and its provisions concerning limitation and extension of time. A party should not assume that delay will automatically be excused.
An application for extension must be supported by a legally sufficient and reasonable explanation.
Filing an appeal does not itself mean that the lower court's judgment has been declared wrong or cancelled.
The appellate court must examine the appeal and issue an appropriate order or judgment.
Similarly, the mere filing of an appeal should not be treated as an automatic stay of execution in every case. The effect of an appeal on execution depends upon the applicable procedural law and any order of the competent court.
The Civil Procedure Code contains specific provisions dealing with execution during the pendency of appeal, review, or rehearing proceedings.
Criminal appellate procedure contains additional provisions concerning whether the convicted person must remain in custody while filing an appeal.
Section 137 of the National Criminal Procedure Code provides circumstances in which certain convicted persons must file an appeal while in custody, including specified cases involving:
The same provision contains exceptions and allows the appellate court, in prescribed circumstances, to permit an appeal without custody upon conditions such as bail or security.
Criminal appeals are governed primarily by Chapter 14 of the National Criminal Procedure Code.
The appellant must file the appeal within the limitation prescribed by Section 134 and comply with the formal requirements of Section 136.
Where the appellant is a convicted person, the requirements relating to imprisonment, bail, security, or payment of sentence are also relevant under Section 137.
The appellate court thereafter proceeds according to the statutory appellate procedure and applicable court rules.
Proper service of notice is important, but the respondent's failure to appear does not necessarily prevent the appellate court from deciding the appeal.
Under the National Civil Procedure Code, after notice has been duly served, the appellate court may hear and decide the appeal even if the respondent does not appear.
The exact consequences of non-appearance in criminal proceedings depend upon the applicable provisions of criminal procedure and the circumstances of the case.
An appeal should not simply repeat the pleadings filed before the trial court.
A properly drafted appellate petition should identify the specific legal and factual errors in the challenged decision.
An advocate preparing an appeal should ordinarily examine:
The purpose of an appeal is therefore not merely to express dissatisfaction with the judgment. The appellant must demonstrate why the judgment should legally be changed.
Before filing an appeal, the appellant or legal practitioner should verify the following:
The appellate process can be understood through the following sequence:
Lower Court Judgment
↓
Determine Right of Appeal
↓
Identify Competent Appellate Court
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Calculate Limitation Period
↓
Prepare Appeal Petition
↓
Attach Judgment and Required Documents
↓
Pay Applicable Court Fee / Appeal Fee
↓
Register the Appeal
↓
Call for the Case File (मिसिल झिकाउने)
↓
Preliminary Examination
↓
Notice to Respondent, Where Required
↓
Written Response / Defense
↓
Appeal Hearing
↓
Examination of Law, Facts and Evidence
↓
Appellate Judgment
↓
Confirmation / Reversal / Modification / Other Lawful Order
These remedies should not be confused.
An appeal is the ordinary statutory remedy by which an eligible party challenges a lower court's judgment before the competent appellate court.
Under specified statutory conditions, a High Court judgment may be subject to the Supreme Court's rehearing jurisdiction under Section 12 of the Administration of Justice Act, 2073. This is not the same as an ordinary appeal.
Review is a separate and limited remedy against a judgment or final order in circumstances specifically permitted by law. It should not be treated as a general second appeal.
The following points are particularly important:
Appellate proceedings in Nepal provide an important judicial mechanism for correcting errors in judgments and final orders. A party dissatisfied with a decision may exercise the right of appeal where the Constitution or applicable law provides such a remedy.
The appellate process begins with determining whether an appeal lies, identifying the competent appellate court, calculating the correct limitation period, and preparing and registering the appeal in the prescribed form. The appellate court may then call for the lower court's case file, examine the grounds of appeal, issue notice to the respondent where required, hear the parties, and determine whether the lower court's decision should be confirmed, reversed, modified, or otherwise dealt with according to law.
For civil cases, Section 205 of the National Civil Procedure (Code) Act, 2074 generally provides a 30-day appeal period, subject to its detailed rules concerning knowledge and service of judgment. For criminal cases, Section 134 of the National Criminal Procedure (Code) Act, 2074 generally provides 70 days for Nepal Government-plaintiff cases and 30 days for other criminal cases, with a possible extension of up to 30 days where the statutory requirements for extension are satisfied.
Because limitation, jurisdiction, maintainability, and the appropriate appellate remedy can differ according to the nature of the case, parties should examine the specific statute, judgment, date of knowledge, and applicable procedural provisions before filing an appeal.
Appellate procedure in Nepal is the legal process through which a party challenges a judgment or final order before the court legally authorized to hear the appeal.
Under Section 134 of the National Criminal Procedure Code, 2074, the period is generally 70 days for criminal cases in which Nepal Government is the plaintiff and 30 days for other criminal cases. A further period of up to 30 days may be granted where the statutory requirements for extension are satisfied.
Under Section 205 of the National Civil Procedure Code, 2074, an appeal is generally required to be filed within 30 days, calculated according to the statutory rules concerning when the party is deemed to have known of the judgment.
An appeal is filed before the court legally authorized to hear an appeal from the court or authority that issued the challenged decision. In certain circumstances, the appeal may also be registered through the court that issued the original judgment.
An ordinary appeal does not generally lie against a High Court decision rendered in its writ jurisdiction. Depending on the circumstances, the limited rehearing jurisdiction under Section 12 of the Administration of Justice Act, 2073 may be available.
The appellate court examines the appeal, calls for the lower court's case file where required, considers whether the respondent should be called, hears the appeal, and ultimately decides whether the lower court's decision should be maintained, reversed, modified, or otherwise dealt with according to law.
Yes. Section 135 of the National Criminal Procedure Code permits an appeal to be registered through the prison where the convicted person is in custody, subject to the statutory procedure.
