This article aims to provide a detailed guide on the steps involved in filing a complaint in Court in Nepal and starting civil cases in Nepal.

Introduction of Filing a Complaint in Court in Nepal

Filing complaints and initiating civil cases in Nepal involves a systematic and structured process governed by the Muluki Civil Procedure Code 2074. This article aims to provide a detailed guide on the steps involved in filing complaints in Court in Nepal and starting civil cases in Nepal. The focus will be on the legal framework, the steps in initiating a civil case, and the importance of adhering to specified timeframes and jurisdiction requirements.

Initiating a Civil Case in Nepal

To understand the process of initiating a civil case, it is essential to distinguish between civil and criminal cases. Civil cases involve filing a formal complaint, known as a “plaint,” and submitting it to the court. The following steps outline the procedure for filing a civil suit in Nepal:

Steps for Filing a Complaint in Court in Nepal

Step 1: Initiation of Lawsuit Filing

The process begins with the plaintiff submitting a formal written complaint, known as a plaint, against the defendant. This document should include details such as the court’s name, names and addresses of the parties involved, and relevant contact information. Proper jurisdiction is crucial for filing the case.

Step 2: Revocation in Civil Procedure

After the initiation of lawsuit filing, the civil procedure allows for revocation. If the plaintiff realizes their inability to provide sufficient evidence against the defendant, they can retract the complaint from the court before a final decision is reached. The request for revocation must be presented to the court where the civil proceedings were initiated.

Step 3: Notice to Defendants

Following the submission of the lawsuit, the defendant is given a reasonable opportunity to mount a defense. The court generates a notice within thirty days of the lawsuit filing, and the defendant is required to respond to the plaintiff’s claims. The defendant can seek an extension of the initial time limit expires.

Step 4: Submission of Defense

The defendant provides an official response, known as the defense, either supporting or opposing the plaintiff’s claims. This is presented in a legally structured manner in a court of law, critically assessing the plaintiff’s allegations.

Step 5: Date of Appearance

The submission of the defense leads to the court setting a date of appearance for both parties. This designates the day on which both the plaintiff and the defendant must be present in court. Following the collection of evidence, with court authorization, parties may be absent during subsequent civil proceedings.

Step 6: Individuals Mentioned in Written Records and Documents

Any individual mentioned in writings, deeds, defense, or other relevant documents related to the lawsuit, apart from the plaintiff and defendant, is termed Persons Mentioned in Written Records and Documents. If these individuals exist, they are treated as defendants and allocated a date of appearance in court.

Step 7: Waris

The term “Waris” refers to the representative of either the plaintiff or the defendant. To be recognized in court, representatives must provide a document certifying their authority. There are two types of representatives: general representatives confined to a specific case, and authorized representatives with legal capacity equivalent to the individuals they represent.

Step 8: Court Orders

Before reaching a final decision, the court issues various orders during the civil procedure. Interlocutory orders are decisions made during the ongoing lawsuit to prevent grave consequences. Final orders represent the conclusive judgment, concluding the lawsuit.

These steps outline the comprehensive process of filing a complaint in court in Nepal, emphasizing the importance of adherence to legal procedures, jurisdiction, and specified timeframes.

Conclusion

Filing complaints and initiating civil cases in Nepal requires a thorough understanding of legal procedures, jurisdiction, and specified timeframes. This comprehensive guide provides insights into the steps involved, ensuring individuals navigate the legal system effectively. Adhering to the outlined procedures is important for a fair and timely resolution of civil disputes in the Nepalese legal context.

Also Read: How to file a writ in Nepal?