Many people in Nepal have questions about how to file a lawsuit. To understand how to file a lawsuit, we must first understand that there are two types of cases. The case under civil liability is known as a civil case, and the case under criminal liability is known as a criminal case.
In a criminal case, a FIR is filed with the police, whereas in a civil case, the case is written and submitted to the court.
The procedure for filing a civil suit is as follows:
Filing of a Plaint / Firad Patra
The first step in starting a lawsuit is to file a plaint. A plaint is a formal complaint or allegation in writing. The party who files it is referred to as the “plaintiff,” and the party against whom it is filed is referred to as the “defendant.” A lot of things are to be mentioned in the plaint, Firadpatra.
A plaint includes
The Court’s Name
Names and addresses of the parties involved in the dispute. The plaint specifically mentions the defendant’s name, address, and all other relevant details, including a phone number.
Because all of the details are included in the plaint, it is easier to serve the summons on the defendant.
Problem Framing
The next step in a civil proceeding is issue framing. The court frames the issues around which arguments and witness examination take place.
Issues are framed with the dispute in mind, and the parties are not permitted to go beyond the scope of “Issues.”
Framed issues may be of fact or of law.
The court will deal with each issue separately and issue judgments on each issue when it issues its final order
The case facts must be mentioned in the case. The facts of each case vary; in the case of a land dispute, it must be clearly stated how much of the land is disputed.
In a divorce case, whether the issue is framed as fact or law, it must be clear when the marriage occurred, when the children were born, and what the grounds for divorce are.
The Court’s Jurisdiction
It is critical to select one of the 77 districts in which to file the lawsuit. The lawsuit must be filed in the district where the disputed property is located, as well as in the house of the disputed district.
Similarly, the lawsuit must be filed in the district of the defendant.
In the district of temporary residence
The lawsuit may be filed in the district where the temporary residence is located. To register the lawsuit in the district of the temporary residence, a recommendation from the ward office of the temporary residence is required.
A lawsuit must be filed within the specified timeframe.
There is a time limit for filing the case. The law states that in the case of forgery, the case must be filed within 6 months of becoming aware of it.
According to the law, divorce cases must be filed within three months of the cause arising. A lawsuit that is filed after the deadline cannot be registered. In such a case, the case will be dismissed at the first hearing.
Court Fees
Court fees is a nominal percentage of the total value of the claim or the value of the suit. The property details must be clearly mentioned in the form of amount or the value while submitting the petition with the claim of the property.
Similarly, the lawsuit must be filed in the district of the defendant.
In the district of temporary residence
The lawsuit may be filed in the district where the temporary residence is located. To register the lawsuit in the district of the temporary residence, a recommendation from the ward office of the temporary residence is required.
A lawsuit must be filed within the specified timeframe.
There is a time limit for filing the case. The law states that in the case of forgery, the case must be filed within 6 months of becoming aware of it.
Witness
When drafting a lawsuit, a witness’s name, address, and age must be included. The information provided by the witnesses must be consistent with the information provided in the citizenship.
All witnesses that the parties wish to present and examine must be presented before the court. Witnesses presented before the court will be cross examined by both parties, and once the cross examination is completed, the court will set a date for the final hearing.
While delivering a notice
The summons will be served on the defendant after the lawsuit is filed. In Nepal, this is known as Myad. In civil cases, the summons must be served within 21 days. In the case of maintenance, the time period is seven days. After receiving the summons, the party has an additional 15 days to respond to it.
Defendant’s Reply
Once the defendant receives the notice, he must appear on the date specified in the notice. However, before appearing on the date, the defendant must file his “written statement,” which is his defense to the plaintiff’s allegation.
The written statement must be filed within 21 days of the date of notice service, or within the time specified by the court.
After seeking permission from the court, the maximum period for filing a Written Statement is 36 days.
The written statement should expressly deny the allegations, which the defendant believes are incorrect and false. Any allegation that is not expressly denied is deemed to be admitted.
The written statement should also include a verification from the defendant stating that the information in the written statement is true and correct.
Preliminary Hearing
According to the current Civil Code 2017, jurisdiction, limitation, and locus standi must be considered, and a preliminary hearing must be held.
If the individual’s jurisdiction is not present, the limitation is exceeded, and the petition is registered in such a case, the case is dismissed at the preliminary hearing.
Should you have any questions, please do not hesitate to contact us.
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.
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